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JOHNSON v. HOFFMAN

7 N.J. 123 (1951)

80 A.2d 624

MARY JOHNSON, EXECUTRIX OF THE ESTATE OF JAMES P. JOHNSON, DECEASED, PLAINTIFF-RESPONDENT, v. EUGENE HOFFMAN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 14, 1951.

Attorney(s) appearing for the Case

Mr. Ryman Herr argued the cause for the appellant (Messrs. Herr & Fisher, attorneys).

Mr. Jerome Alper argued the cause for the respondent (Mr. Maurice M. Bernstein, attorney).

The opinion of the court was delivered by OLIPHANT, J.

James P. Johnson of Bucyrus, Ohio, was a seller of livestock and by telephonic communication sold four shipments of cattle to the defendant Hoffman, of Flemington, New Jersey, during the fall of 1946. Of these shipments three were accepted and paid for by the defendant, but no cash payment was made for the shipment of October 30, 1946. Two of the shipments were made prior to and one after that of October 30. At...

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