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SILVERSTEIN v. DOHONEY

32 N.J. Super. 357 (1954)

108 A.2d 451

NATHAN SILVERSTEIN AND JULIAN SILVERSTEIN, T/A SILCO CIGARETTE SERVICE, PLAINTIFFS-APPELLANTS, v. GEORGE DOHONEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1954.

Attorney(s) appearing for the Case

Mr. Maurice C. Brigadier argued the cause for plaintiffs-appellants (Mr. Sol Schulman, attorney; Mr. Seymour Margulies, on the brief).

Mr. Abraham J. Slurzberg argued the cause for defendant-respondent (Mr. Louis Bolstein, attorney; Mr. Maurice A. Cohen, of counsel).

Mr. Irving I. Vogelman argued the cause for defendants-respondents in companion case, Silverstein v. Keane, et al., A-544-53 which is encompassed by this opinion.

Before Judges EASTWOOD, GOLDMANN and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.S.C. (temporarily assigned).

Plaintiffs here appeal from a judgment of involuntary dismissal. The action is for damages for breach of contract. The parties executed a writing under date of December 11, 1952, whereby defendant "leased" to plaintiffs for a term of three years so much space of defendant's premises as was necessary to permit the installation of a "cigarette...

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