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HODGSON v. APPLEGATE

55 N.J. Super. 1 (1959)

149 A.2d 839

GEORGE M. HODGSON, PLAINTIFF-RESPONDENT, v. LEROY APPLEGATE AND CLARA E. APPLEGATE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1959.

Attorney(s) appearing for the Case

Mr. Joseph M. Alsofrom argued the cause for defendants-appellants.

Mr. Martin L. Haines argued the cause for plaintiff-respondent (Mr. Howard G. Stackhouse, attorney; Messrs. Dimon, Haines & Bunting, of counsel; Mr. Dominick J. Ferrelli, of counsel and on the brief).

Before Judges GOLDMANN, FREUND and HANEMAN.

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

Plaintiff George M. Hodgson, lessee of a two-bay service station in Woodland Township, Burlington County, brought this action to recover damages from the defendant-lessors, LeRoy Applegate and his wife, Clara E. The defendants were unable to deliver possession of the premises to plaintiff because the present operator of the service station, Herbert A. Cooper, exercised...

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