Legal Opinion
VW Credit, Inc. v. Coast Automotive Group, Ltd.
New Jersey Superior Court Appellate Division
Decided January 4, 2002PublishedCited by 3 opinions
1Opinion of the Court
The opinion of the court was delivered by
NEWMAN, J.A.D.
The primary issue in this appeal concerns the refusal of a franchisor to consent to the franchisee’s transfer of the franchises, N.J.S.A. 56:10-6, and the consequences when that consent is found by a court to be unreasonably withheld. We conclude that the Franchise Practices Act, in particular N.J.S.A. 56:10-6, contemplates that the remedy of specific performance is available to compel the transfer where a franchisor has unreasonably withheld its consent to that transfer.
The history of this litigation is quite extensive. Defendant, Coast…
2Cases cited22 opinions
- Shelley v. KraemerSupreme Court of the United States · 1948
- Rova Farms Resort, Inc. v. Investors Insurance Co. of AmericaSupreme Court of New Jersey · 1974
- Merin v. MaglakiSupreme Court of New Jersey · 1992
- Hutton Pk. Gardens v. West Orange Town CouncilSupreme Court of New Jersey · 1975
- Dunkin' Donuts of America, Inc. v. Middletown Donut Corp.Supreme Court of New Jersey · 1985
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3Cited by3 opinions
- Board of Education v. EckertNew Jersey Superior Court Appellate Division · 2003
- Pioneer Centres Holding Co. Employee Stock Ownership Plan & Trust v. Alerus Financial, N.A.Court of Appeals for the Tenth Circuit · 2017
- Pioneer Centres Holding Co. Employee Stock Ownership Plan & Trust v. Alerus Financial, N.A.Court of Appeals for the Tenth Circuit · 2017