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SALVATORE v. TRACE

109 N.J. Super. 83 (1969)

262 A.2d 409

PAUL J. SALVATORE, PLAINTIFF-APPELLANT, v. HARRY W. TRACE AND ETHEL Z. TRACE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 1969.

Attorney(s) appearing for the Case

Mr. Edward J. Brady argued the cause for appellant.

Mr. James J. Casby, Jr. argued the cause for respondents (Mr. Vincent L. Gallaher, attorney).

Before Judges GOLDMANN, KOLOVSKY and CARTON.

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

Plaintiff-buyer brought this action against defendants for specific performance of a realty contract. In the alternative, he sought damages for breach of the contract of sale. After a trial without a jury, the court dismissed his action and granted defendants' counterclaim for rescission of the contract. Plaintiff appeals.

Defendants, the owners of certain...

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