134 A. 662 | N.J. | 1926
The complaint in this case charges a breach of contract and seeks to recover damages therefor. The case was tried at the Atlantic Circuit before Judge Schimpf and a jury, resulting in a nonsuit on the plaintiff's opening. The opening included a statement by counsel — that, he "expected to prove what is in the complaint;" the trial court then said, "all you depend upon is not an actual lease or agreement with the city, but a resolution that the city adopted authorizing the leasing of the property to Mr. Hudson. Mr. Cole — `Sure.'" The complaint sets out a resolution adopted by the city commissioners, on the 8th of January, 1925, providing for the leasing of property known as "Rendezvous Park," including the buildings thereon to the plaintiff, for a period from February 1st, 1925, to October 1st, 1925, at a rental of fifteen thousand dollars ($15,000), the lease to be approved by the city solicitor; thereafter, on January 22d 1925, a further resolution was passed rescinding the resolution adopted on the 8th of January, 1925. The city then executed a lease for the same premises to another for the same period and under like terms named in the lease to the plaintiff, for the sum of forty thousand dollars ($40,000). The complaint further alleged, by reason of the refusal of the city to give the plaintiff possession of the leased premises and execute a lease to him, he has been damaged twenty-five thousaid dollars ($25,000), being the difference between the rental stipulated *123 for in the lease proposed and the lease executed. Mr. Cole further stated in the opening, that the lease was prepared by the city solicitor and it was submitted to Mr. Hudson or his attorney, I am not sure which, possibly both, and the five-thousand-dollar ($5,000) payment tendered.
The trial judge based his ruling upon the cases of WaterCommissioners of Jersey City v. Brown,
For affirmance — THE CHIEF JUSTICE, TRENCHARD, PARKER, MINTURN, KALISCH, BLACK, KATZENBACH, CAMPBELL, LLOYD, WHITE, GARDNER, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, JJ. 15.
For reversal — None.