Chess v. Vockroth
Supreme Court of New Jersey
On writ of error to the Supreme Court. Samuel M. Chess, Jr., plaintiff below, brought in the Supreme Court an action upon contract against Emil Yockroth, the defendant below.
Read the full summary
On writ of error to the Supreme Court. Samuel M. Chess, Jr., plaintiff below, brought in the Supreme Court an action upon contract against Emil Yockroth, the defendant below. The plaintiff’s declaration embraced both a special count and the common counts, and in the former he set up a written contract, dated January 18th, 1905, whereby the defendant, in consideration of $500 paid down, agreed to sell and assign to the plaintiff, on or before January 20th, 1905, his five years’ leasehold interest in the store No. 55 Newark avenue, Jersey City, New Jersey, with all. the stock and fixtures…
1Opinion of the Court
The opinion of the court, upon the case thus stated, was delivered by
G-beeíst, J.
1. The statement hereunto prefixed shows that the plaintiff in error objected, at the closing of the case, that *670the contract before the court was not the contract sued on in the declaration, and asked for the direction of a verdict in his favor on that ground, and that the court refused such direction, evidently understanding the precise point of the objection to be that the contract as proved differed from the contract sued upon with respect to the mode of paying the consideration. In this view of the matter the…
2Cases cited5 opinions
- Marley v. StateSupreme Court of New Jersey · 1895
- McTague v. Sea Isle City Lot & Building Ass'n No. 3Supreme Court of New Jersey · 1894
- Marsh v. Newark Heating & Ventilating Machine Co.Supreme Court of New Jersey · 1894
- Zeliff v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1903
- Zimmerman v. BranyanSupreme Court of New Jersey · 1898
3Cited by2 opinions
- Gabriel v. Auf Der Heide-Aragona, Inc.New Jersey Superior Court Appellate Division · 1951
- McHugh v. SpottsSupreme Court of New Jersey · 1938