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KLOTZ v. LEE

21 N.J. 148 (1956)

121 A.2d 369

HENRY L. KLOTZ, PLAINTIFF-RESPONDENT, v. HARRY P. LEE, JR., DEFENDANT-RESPONDENT, AND JOHN W. BREISH AND P.J. BREISH, T/A P.J. BREISH & SONS, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued February 20, 1956.

Decided March 12, 1956.

Attorney(s) appearing for the Case

Mr. William C. Gotshalk argued the cause for appellants (Mr. Edward W. Eichmann, attorney).

Mr. Benjamin Auerbach argued the cause for respondent Klotz (Mr. H. Albert Hyett, attorney).

Mr. Maurice Y. Cole argued the cause for respondent Lee (Messrs. Cole & Cole, attorneys).

The opinion of the court was delivered by WACHENFELD, J.

This is an appeal, purportedly taken as of right pursuant to R.R. 1:2-1 (a), from a judgment of the Appellate Division affirming a judgment against the appellants following a jury trial. The procedural route the appellants pursued to bring the cause before us is complex as well as unique and will be subjected to closer scrutiny hereafter.

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