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GIUMARRA v. HARRINGTON HEIGHTS

33 N.J. Super. 178 (1954)

109 A.2d 695

CHARLES GIUMARRA, PLAINTIFF-CROSS-APPELLANT, v. HARRINGTON HEIGHTS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT. CHARLES GIUMARRA, THIRD-PARTY PLAINTIFF, v. WILLIAM F. EHRET AND JOHANNA EHRET, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 23, 1954.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for plaintiff-cross-appellant.

Mr. Warren Dixon, Jr., argued the cause for defendant-appellant.

Before Judges EASTWOOD, GOLDMANN and SCHETTINO.

The opinion of the court was delivered by GOLDMANN, J.A.D.

Defendant Harrington Heights, Inc. appeals from a Bergen County Court judgment denying its motion for entry of judgment in its favor on its counterclaim against plaintiff Giumarra in the sum of $13,012.40, and awarding only nominal damages in the sum of $1. Plaintiff cross-appeals from the dismissal of his complaint and from the award against him on the counterclaim.

By contract dated August 28, 1950...

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