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ROSS SYSTEMS v. LINDEN DARI-DELITE, INC.

35 N.J. 329 (1961)

173 A.2d 258

ROSS SYSTEMS, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. LINDEN DARI-DELITE, INC., ETC., AND JOHN SAMILA, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 30, 1961.

Attorney(s) appearing for the Case

Mr. David N. Ravin argued the cause for the plaintiff-appellant and cross-respondent (Messrs. Ravin & Ravin, attorneys; Mr. Leo Kahn, on the brief).

Mr. William F. Mullen argued the cause for the defendants-respondents and cross-appellants (Mr. Daniel L. Golden, attorney; Mr. William F. Mullen, on the brief).

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

This is an appeal and cross-appeal from a judgment of the Appellate Division affirming denials by the Chancery Division of the plaintiff's claim for specific performance of a franchise agreement and the defendants' counterclaim for charges paid in excess of the contract price. The Chancery Division, on its own motion, adjudicated the cancellation of a lease which the court held was integrally related to the franchise...

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