Zurick v. Perlmutter
Supreme Court of New Jersey
On appeal from the East Orange District Court. On October loth, 1917, Joseph Bosenfelt, the then owner of the property 257 East Perry street, Newark, leased the store and seven rooms to the plaintiffs for the purpose of a restaurant for five years, from November 1st, 1917. The lease was on one of the ordinary blank forms containing a covenant by the tenant to pay the water tax. This covenant was crossed out.
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On appeal from the East Orange District Court. On October loth, 1917, Joseph Bosenfelt, the then owner of the property 257 East Perry street, Newark, leased the store and seven rooms to the plaintiffs for the purpose of a restaurant for five years, from November 1st, 1917. The lease was on one of the ordinary blank forms containing a covenant by the tenant to pay the water tax. This covenant was crossed out. The lease was recorded October 17th, 1917. Eosenfelt conveyed to the defendant, Max Perlmutter, “about June, 1918.” Perlmutter at first paid the water tax, hut ceased doing so; the…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The first ground for reversal amounts to saying that the trial judge should have found for the defendant. The question, therefore, is, whether there was any evidence which would justify the judge sitting- as a jury in finding for the plaintiffs. He himself justified his finding on the theory of an express contract between .the plaintiff and defendant. In view of the defendant’s testimony, we find it difficult to spell out an express contract. This, however, does not end the case. The legal situation is as follows: Rosenfelt and the plaintiffs…
2Cases cited1 opinion
- LaCombe v. HeadleySupreme Court of New Jersey · 1919
3Cited by4 opinions
- Schnakenberg v. Gibraltar Savings and Loan Ass'nNew Jersey Superior Court Appellate Division · 1955
- Matter of Investors Funding Corp. of New YorkDistrict Court, S.D. New York · 1978
- Martinique Realty Corp. v. HullNew Jersey Superior Court Appellate Division · 1960
- Serafin v. WolffNew Jersey Superior Court Appellate Division · 1949