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SOMERSET CRUSHED STONE, INC. v. EXPLOSIVES SALES CO.

28 N.J. Super. 210 (1953)

100 A.2d 325

SOMERSET CRUSHED STONE, INC., A CORPORATION, PLAINTIFF-APPELLANT, v. EXPLOSIVES SALES CO. OF N.J., INC., A CORPORATION AND E.I. DUPONT DENEMOURS AND COMPANY, A CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1953.

Attorney(s) appearing for the Case

Mr. Daniel G. Kasen argued the cause for the plaintiff-appellant (Messrs. Kasen, Schnitzer & Kasen, attorneys; Mr. Theodore W. Geiser, on the brief).

Mr. Mark A. Sullivan, attorney for defendant-respondent Explosives Sales Co. of N.J., Inc., argued the cause.

Mr. Thomas L. Morrissey argued the cause for the defendant-respondent E.I. duPont deNemours and Company (Messrs. Carpenter, Gilmour & Dwyer, attorneys; Mr. Milton A. Dauber on the brief).

Before Judges EASTWOOD, JAYNE and FRANCIS.

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

In May, 1950 plaintiff, operator of a stone quarry in Bernardsville, New Jersey, agreed to purchase its blasting agents from the defendant Explosives Sales Company of New Jersey, local agent for defendant E.I. duPont deNemours and Company, manufacturer of the blasting agents, and under the terms of the agreement the defendant would supervise the preparation for and the actual blasting operations at plaintiff...

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