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DONNELLY v. CAPODICI

227 N.J. Super. 310 (1987)

547 A.2d 329

ROBERT DONNELLY AND NORMA DONNELLY, PLAINTIFFS, v. JOSEPH CAPODICI, DEFENDANT.

Superior Court of New Jersey, Chancery Division Hudson County.

Decided December 24, 1987.

Attorney(s) appearing for the Case

Howard E. Brechner, for plaintiffs (Lofton & Wolfe, attorneys).

Samuel R. DeLuca and George T. Taite, for defendant.

OPINION

HUMPHREYS, A.J.S.C.

This is a partition action.1 Defendants have agreed to buy plaintiffs' interest. Plaintiffs have improved the real property, and the improvement has enhanced the value of the property. The issue, novel in New Jersey, is whether the seller is entitled to a credit for that enhanced value. The court finds that a credit should be allowed; otherwise, the buyer would be unjustly enriched.

I.

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