deVries v. the Evening Journal Ass'n

The opinion, of the court was delivered by

Oliphant, J.

This is an appeal from a judgment of the Superior Court, Law Division, in a contract action which was tried by the court without a jury by stipulation. After hearing the evidence the trial judge rendered a verdict of “no' cause of action” and judgment was entered thereon in favor of the defendant. The plaintiff appealed to the Appellate Division and before being reached for argument there the cause was certified here on our own motion.

The appeal presents two questions for solution: the first is essentially a factual one as to whether or…