Hyland v. Parkside Investment Co.

Pee Cueiam.

This is an appeal from a judgment of the Atlantic County Court of Common Pleas in favor of the plaintiff. The suit was to recover a down payment of $1,000 on account of moneys to grow due under a lease by the defendant to the plaintiff of certain lands in Atlantic City.

In the lease the defendant restricted the plaintiff’s use of the land to that of an open air garage. It developed shortly after plaintiff went into possession that the zoning ordinance of the city prohibited such use of the premises in question. Plaintiff sued for the down payment and defendant counterclaimed for a…