Jennings v. Pinto

The opinion of the court was delivered by

Case, J.

Plaintiff sued in the Superior Court to recover liquidated damages on defendant’s alleged breach of contract. The court granted a judgment of dismissal at the close of plaintiff’s case. An appeal was taken therefrom by plaintiff to the Appellate Division and comes to us on our own motion.

Plaintiff rented a gasoline service station on yearly lease from Gulf Oil Corporation and owned the business there conducted as well as the goods, chattels and tools thereof. On August 3, 1945, the parties entered into a written agreement, prepared by…