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HOBLITZELL v. HOWARD

18 N.J. 104 (1955)

112 A.2d 715

WALTER R. HOBLITZELL, PLAINTIFF-APPELLANT, AND CROSS-RESPONDENT, v. W. FRANCK HOWARD, WILLIAM C. HOBLITZELL, H.O.B. MOTORS, INC., A CORPORATION OF NEW JERSEY, JOHN E. TOOLAN AND JOSEPH J. SEAMAN, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 28, 1955.

Attorney(s) appearing for the Case

Mr. George F. Hetfield argued the cause for the plaintiff-appellant, cross-respondent (Messrs. Hetfield and Hetfield, attorneys).

Mr. Meyer E. Ruback argued the cause for the defendants-respondents, cross-appellants, W. Franck Howard, William C. Hoblitzell, John E. Toolan and Joseph G. Seaman (Messrs. Ruback, Albach and Weisman, attorneys).

Mr. Daniel G. Kasen argued the cause for the defendant-respondent, cross-appellant, H.O.B. Motors, Inc., (Messrs. Kasen, Schnitzer and Kasen, attorneys).

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Freund in the court below.

For affirmance — Chief Justice VANDERBILT, and Justices HEHER, WACHENFELD, JACOBS and BRENNAN — 5.

For affirmance of disallowance of counsel fees to plaintiff and for reversal with instructions to enter judgment for defendants — Justices OLIPHANT and BURLING...

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