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ASPLUND v. MARJOHN CORP.

66 N.J. Super. 255 (1961)

168 A.2d 844

PHILIP H. ASPLUND AND MARIAN I. ASPLUND, HIS WIFE, PLAINTIFFS-APPELLANTS, v. MARJOHN CORPORATION, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1961.

Attorney(s) appearing for the Case

Mr. Charles R. Hardin, Jr. argued the cause for appellants (Messrs. Pitney, Hardin & Ward, attorneys).

Mr. Sanford Halberstadter argued the cause for respondent (Messrs. Feinberg & Feinberg, attorneys; Mr. Halberstadter, on the brief).

Before Judges CONFORD, FREUND and KILKENNY.

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

Plaintiffs instituted this action for return of a $5,000 land sale contract deposit and incidental damages. The Chancery Division judge, upon examining the contract and hearing the parties' proofs, determined that plaintiffs had wrongfully refused to consummate the transaction set forth in the instrument and were therefore not entitled to a return of their entire deposit; however, because of a specific clause...

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