Callahan v. Dearborn Developments, Inc.

158 A.2d 830, 32 N.J. 27, 1960 N.J. LEXIS 189

• Court: Supreme Court of New Jersey
• Decided: March 21, 1960
• Status: Published

Opinion

Pee Cueiam.

We have examined the record and briefs in this matter and, after considering the proof in the most favorable light to the plaintiffs, have concluded that the judgment should be affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division. We limit the affirmance, however, to a determination that the evidence submitted failed to make out a case within conditions (,a) and (b) of Section 339 of the Restatement, Torts, which is cited in that opinion.

For affirmance—Chief Justice Weinteaub, and Justices Bueldstg, Jacobs, Peaüstcis, Peoctoe, Hall and Schet-TI3STO—-7.

For reversal—Hone.