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Canterbury Stores, Inc. v. Canterbury at Arlington, Inc.

Supreme Court of New Jersey
Oct 5, 1964
203 A.2d 713 (N.J. 1964)

Opinion

Argued September 9, 1964 —

Decided October 5, 1964.

Appeal from the Superior Court, Appellate Division.

Mr. Gerold Kanengiser argued the cause for appellant.

Mr. Gregory J. Castano argued the cause for respondent.


The opinion of the court was delivered


Plaintiff sought to enforce an alleged oral agreement to permit use of defendant's driveway as an additional approach to plaintiff's property. The Appellate Division held there was no basis to estop defendant from revoking the license thus claimed. We granted certification. 41 N.J. 390 (1964).

We are satisfied that the loss to plaintiff was not sufficiently serious to invite the question whether the oral license could be held to be irrevocable because of asserted reliance upon it. Lawrence v. Springer, 49 N.J. Eq. 289 ( E. A. 1892); Friedman v. Tappan Development Corp., 22 N.J. 523, 537 (1956); Atlantic Chemical Works v. Finkel, 118 A. 748 ( Ch. 1922).

The judgment of the Appellate Division is affirmed.

For affirmance — Chief Justice WEINTRAUB, and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 7.

For reversal — None.


Summaries of

Canterbury Stores, Inc. v. Canterbury at Arlington, Inc.

Supreme Court of New Jersey
Oct 5, 1964
203 A.2d 713 (N.J. 1964)
Case details for

Canterbury Stores, Inc. v. Canterbury at Arlington, Inc.

Case Details

Full title:CANTERBURY STORES, INC., PLAINTIFF-APPELLANT, v. CANTERBURY AT ARLINGTON…

Court:Supreme Court of New Jersey

Date published: Oct 5, 1964

Citations

203 A.2d 713 (N.J. 1964)
203 A.2d 713