Volume 96 — New Jersey Equity Reports

“From the testimony I doubt that the defendants were at Mr. Ryan’s office February 3d, 1922, prepared to carry out the terms of the contract. It would appear, too, that the defendants doubted their ability to prove the complainants were in default on that occasion, because after this suit was brought, the defendants served notice on the complainants that they would be ready to deliver a deed to complainants May 26th, 1922, and they fixed the hour and place for the purpose.

Complainant1 died after the commencement of the action, and his executors have been duly substituted as complainants. “The cemetery assiciation has filed its. answer and also a counter-claim, under which it has. brought in all of the incorporators of the association and those claiming under them as bondholders. . “The controversy arises out of the following circumstances: Between 1892 and 1894 George W. Brown and six of his friends decided to convert about, thirty-five…

It appears from the evidence that prior to October 26th, 1920, there had been no serious differences between the parties, at least their troubles had not been such that the wife would have been justified, at that time, in leaving her husband’s home. On the 26th or 27th of October, 1920, she took her child and some wearing apparel and told her husband she was going to visit her parents.

er, whoi filed the following opinion: “Without attempting to discuss the evidence presented by the respective parties to establish whether complainant’s place of residence was in this state, at Long Branch, or out of the state, at New York City, I shall say that I find she was a resident of Long Branch before, during and after the month of July, 1918. Comp.

“It is accordingly, on this 16th day of April, 1924, on motion of Haines & Chanalis, solicitors of the complainant, ordered, adjudged and decreed that the defendants and each of them, and their and each of their agents and employes, be and they are enjoined and restrained from disclosing, publishing or making use of any lists or confidential information of the complainant, obtained by them or any of them while in the employ of the complainant, or from the records, the agents…

Atlantic City Railroad Co., in which latter case I have recently filed an opinion to the effect that this court, should not grant relief based on the legal rights in land which are claimed by the bill until such rights shall have been established at law.

opinion: “Defendant moved to strike out complainant’s amended bill on the ground that its averments are inadequate to support the equitable relief sought. “June 28th, 1923, the board of public utility commissioners adjudged the Oakland avenue grade crossing, in the borough of Oakland, over the right of way of tire Atlantic City Railroad Company, dangerous to public' safety, and ordered that company to relocate that crossing as an under-grade crossing at Clinton avenue in…

' The defendant Pirone has intervened and in his counter-claim he asks that complainant be decreed to convey the property to him. • “In October,, 1922, Pirone purchased from complainant the business which was then being conducted in the premises in question, and at the same time obtained from complainant a lease for the premises for five years, from November 1st, 1922, with an option for its extension for three years longer. “The lease also contained the provision that…