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SPIOTTA v. MILKON

77 N.J. Super. 348 (1962)

186 A.2d 510

JOSEPH SPIOTTA, PLAINTIFF-APPELLANT, v. HARVEY J.E. MILKON, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1962.

Attorney(s) appearing for the Case

Mr. Alan V. Lowenstein argued the cause for appellant (Messrs. Lowenstein and Spicer, attorneys; Mr. Murry D. Brochin, on the brief).

Mr. Walter H. Jones argued the cause pro se, and for respondents Harvey J.E. Milkon, John R. Kraycir and William Sciacca (Mr. Frederick L. Bernstein, of counsel).

Before Judges PRICE, SULLIVAN and LEWIS.

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

Plaintiff filed suit seeking specific performance of an escrow agreement. The trial court, after hearing all of the evidence, ruled that the agreement "was too indefinite and uncertain" to be enforceable and entered judgment dismissing the complaint. The opinion of the trial court is reported, 70 N.J.Super. 344 (Ch. Div. 1961). Plaintiff appeals.

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