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CONKLIN v. DAVI

76 N.J. 468 (1978)

388 A.2d 598

JAMES L. CONKLIN AND MARIE F. CONKLIN, PLAINTIFFS-APPELLANTS, v. RICHARD T. DAVI AND GERALDINE DAVI, HIS WIFE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 6, 1978.

Attorney(s) appearing for the Case

Mr. Louis Ruprecht argued the cause for appellants (Messrs. Ruprecht and Graham, attorneys; Mr. Ruprecht on the brief).

Mr. Morton L. Ginsberg argued the cause for respondents.

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

Plaintiffs contracted to sell and convey to defendants a residential property in Ridgewood. The purchasers refused to consummate the sale, alleging defects in title and misrepresentations on the part of the sellers. Plaintiffs instituted an action for specific performance; defendants counterclaimed for rescission. Before the trial commenced, plaintiffs abandoned their...

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