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DUNKIN' DONUTS OF AMERICA v. MIDDLETOWN DONUT CORP.

100 N.J. 166 (1985)

495 A.2d 66

DUNKIN' DONUTS OF AMERICA, INC., A MASSACHUSETTS CORPORATION LICENSED TO TRANSACT BUSINESS IN NEW JERSEY, AND DUNKIN' DONUTS OF NEW JERSEY, INC., A NEW JERSEY CORPORATION, PLAINTIFFS-APPELLANTS, v. MIDDLETOWN DONUT CORP., A NEW JERSEY CORPORATION, SHAWN DONUT CORP., A NEW JERSEY CORPORATION, AND GERALD SMOTHERGILL, INDIVIDUALLY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 23, 1985.

Attorney(s) appearing for the Case

Philip F. Zeidman, a member of the District of Columbia bar, argued the cause for appellants (Cossman, Levenstien & Petrics, attorneys; Peter J. Cossman, on the brief).

Milton D. Liebowitz argued the cause for respondents (Liebowitz, Liebowitz & Clark, attorneys).

Alan M. Wallack submitted a brief on behalf of amicus curiae International Franchise Association (Brener, Wallack & Hill, attorneys).

The opinion of the Court was delivered by CLIFFORD, J.

We granted certification, 97 N.J. 645 (1984), on the petition of plaintiff-franchisor. Plaintiff obtained relief in the Chancery Division, affirmed by the Appellate Division, based on defendant-franchisee's fraudulent conduct resulting in a breach of the franchise agreements. Despite the fact that the franchisor prevailed below, it claims that the trial court's remedy was inadequate...

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