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MELCER v. ZUCK

101 N.J. Super. 577 (1968)

245 A.2d 61

CHAIM MELCER, PLAINTIFF-RESPONDENT, v. BENJAMIN ZUCK AND ROSE ZUCK, DEFENDANTS-APPELLANTS, AND R.G.B. CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 1968.

Attorney(s) appearing for the Case

Mr. Robert B. Silverman argued the cause for appellants (Mr. Julius Braun, attorney).

Mr. William G. Bassler argued the cause for respondent (Messrs. Parsons, Canzona, Blair & Warren, attorneys; Mr. Thomas Smith, Jr., of counsel).

Before Judges GAULKIN, LEWIS and KOLOVSKY.

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

As amended, the complaint filed herein by plaintiff, the purchaser named in a contract for sale of lands dated March 13, 1965, sought specific performance with an abatement by reason of the vendors' "inability to provide a means of ingress and egress to" the premises described in the contract, or in the alternative, damages for breach of contract. Joined as...

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