Supreme Court of New Jersey

Kenneth Anderson, Plaintiff-Respondent v. Charles Modica, Defendant-Appellant

April 24, 19504 N.J. 383

Summary

The Supreme Court of New Jersey reversed the judgment and remanded for a trial de novo, holding that the first count of deceit was properly pleaded and proved, the fourth count was not actionable as fraud, and the pre‑trial order limiting the issues to the five elements of fraud required dismissal of the fourth count.