Luria v. ROBBINS

Opinion by

Cercone, J.,

This is an appeal by the defendants, John A. Robbins 1 and Jamap Co., Inc., from the overturning by the court en banc (consisting of one judge who was not tbe trial judge) of the trial judge’s finding in defendants’ favor. The case was tried non-jury on plaintiffs’ complaint in assumpsit seeking the return of $30,000 paid to defendants on the purchase of a shopping center in Moorestown, New Jersey. The complaint alleged that the money was only placed in custody with defendants pending plaintiffs’ decision to sign an agreement which first had to be approved by plaintiffs’…