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CLEARY v. NORTH BERGEN TP.

32 N.J. Super. 50 (1954)

107 A.2d 713

MAURICE CLEARY AND ELLA CLEARY, PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF NORTH BERGEN IN THE COUNTY OF HUDSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 10, 1954.

Attorney(s) appearing for the Case

Mr. Nicholas S. Schloeder argued the cause for appellant.

Before Judges HALL, TOMASULO and MARIANO.

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

The plaintiffs-respondents purchased a parcel of real estate from the defendant-appellant at auction pursuant to R.S. 40:60-26, having bid $3,000 therefore. Thereafter, plaintiff refused to accept the title to the property on the basis that it was unmarketable and instituted a suit for the return of the deposit of $150 plus reasonable costs of the title examination, the township...

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