ST. GEORGE v. GRISAFE


38 N.J. Super. 297 (1955)

118 A.2d 835

FRANK ST. GEORGE AND JERRY ST. GEORGE, T/A FRANK ST. GEORGE & SON, PLAINTIFFS-RESPONDENTS, v. JOSEPH GRISAFE, DEFENDANT-APPELLANT, AND JOSEPHINE BRENNAN AND JOHN LICHATIN, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1955.


Attorney(s) appearing for the Case

Mr. Mervyn R. Montgomery argued the cause for the defendant-appellant.

Mr. David Cohn argued the cause for the plaintiffs-respondents (Mr. Albert Cohn, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.


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

The plaintiffs purchased from the defendant-appellant Joseph Grisafe, a dealer in automotive equipment, a second-hand Diesel tractor, bulldozer model. They brought this suit for rescission, damages for breach of an express warranty, and to restrain the sale of the repossessed equipment. The defendants counterclaimed for the balance due on certain promissory notes...

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