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JAMES HEALING CO. v. WALTER

10 N.J. Super. 492 (1950)

77 A.2d 473

JAMES HEALING COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. GUSTAVE WALTER AND GERTA WALTER, DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF G. WALTER MACHINE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1950.

Attorney(s) appearing for the Case

Mr. Joseph Keane argued the cause for the appellant (Messrs. Milton, McNulty & Augelli, attorneys).

Mr. Jacob E. Max argued the cause for the respondents (Mr. Bernard Chazen, on the brief).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by JACOBS, S.J.A.D.

The plaintiff appeals from a judgment of dismissal of its action against the defendants for breach of warranty, entered in the Hudson County District Court at the close of its case.

In September, 1948, the plaintiff's 90-foot lighter "Eugene Healing" developed difficulty with its reduction gear box and plaintiff communicated with the defendants who conduct a marine machine shop in Jersey City. Under...

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