Cohen v. Fair Lawn Dairies, Inc.

The Appellate Division, in a comprehensive opinion by Judge Conford, held (1) that the provision for reasonable counsel fees in the contract was enforce able and (2) that, on remand, the plaintiffs should establish the legal services rendered and their reasonable value by plenary proof rather than by an ex parte affidavit as they did here. See 86 N. J. Super. 206. We agree fully with the holding that the contractual provision for reasonable counsel fees was enforceable. See Alcoa Edgewater No. 1 Federal Credit Union v. Carroll, 44 N. J. 442 (1965). We agree further that a party seeking…