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Locks v. Wade

Superior Court of New Jersey, Appellate Division
114 A.2d 875 (1955)


Facts

Locks (plaintiff) agreed to lease a jukebox to Wade (defendant) for a period of two years for $20 per week, or $836 total for two years. Pursuant to the lease agreement, Locks agreed to supply records and replace worn out parts. Wade repudiated the contract, and Locks never installed the juke box in Wade’s store. Locks was subsequently able to lease the jukebox to another party. Locks brought suit against Wade in New Jersey state court. Wade argued that since Locks was able to lease the jukebox to another party, Locks should only be entitled to damages amounting to the difference between the agreed-upon rental price to Wade and the rental value of the juke box. Since Locks agreed to lease the juke box to Wade for $836 and was subsequently able to obtain another lease of the same juke box for $836, Wade argued Lock’s damages should be $0. The trial court rejected this argument and awarded damages of $836 to Locks. Wade appealed.

Rule of Law

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Issue

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Holding and Reasoning (Clapp, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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