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SUNSET BEACH AMUSEMENT CORP. v. BELK

31 N.J. 445 (1960)

158 A.2d 35

SUNSET BEACH AMUSEMENT CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, AND OLYMPIA AMUSEMENT CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. MARVIN L. BELK, JOSEPH VARBALOW AND JOSEPH VARBALOW REALTY COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND WEST JERSEY TITLE AND GUARANTY COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 8, 1960.

Attorney(s) appearing for the Case

Mr. W. Louis Bossle argued the cause for plaintiffs-appellants and cross-respondents (Mr. Blaine E. Capehart, attorney; Mr. W. Louis Bossle, of counsel).

Mr. Louis B. LeDuc argued the cause for defendants-respondents and cross-appellants.

The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiffs sued for specific performance of a contract for the sale of their amusement park. The trial court found for them and against the buyer, Marvin L. Belk, and his corporate nominee, Joseph Varbalow Realty Company. Their victory, plaintiffs urge, was hollow, since the judgment runs against defendants who presumably cannot pay and fails to reach moneys escrowed for the payment of the purchase price. The...

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