Wasserman’s, Inc. v. Township of Middletown
Supreme Court of New Jersey
645 A.2d 100 (1994)
Wasserman’s, Inc. (Wasserman’s) (plaintiff) wished to lease property and submitted a bid to the Township of Middletown, New Jersey (Township) (defendant), which accepted the bid. The parties entered into an agreement. The agreement contained a cancellation clause, which provided that in the event the Township cancelled the lease, it would provide pro rata reimbursement to Wasserman’s for any improvement costs and damages of 25 percent of Wasserman’s average gross receipts for one year. Wasserman's made agreed-upon improvements to the property at a cost of approximately $142,000. Wasserman’s sublet the property to Jo-Ro (co-plaintiff) with the Township's permission. The Township later cancelled the lease and sold the property, and Wasserman’s and Jo-Ro brought suit against the Township for the damages stipulated in the lease agreement. The trial court awarded Wasserman and Jo-Ro damages in the amount of the pro rata reimbursement and 25 percent of average gross receipts, as specified in the cancellation clause. The appellate court affirmed, and the Supreme Court of New Jersey granted certification.
Rule of Law
Holding and Reasoning (Pollock, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 708,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 708,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.