BORBONUS v. DAOUD


34 N.J. Super. 54 (1955)

111 A.2d 443

WILLIAM E. BORBONUS AND GEORGIA BORBONUS, HIS WIFE, PLAINTIFFS, v. MAUD DAOUD, INDIVIDUALLY AND AS SURVIVING PARTNER OF THE PARTNERSHIP OF GEORGE J. DAOUD (DECEASED) AND MAUD DAOUD, TRADING AS DAOUD BROTHERS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 20, 1955.


Attorney(s) appearing for the Case

Mr. David H. Schantz, for plaintiffs (Messrs. Schantz & Tropp, attorneys).

Mr. Saul W. Arkus, for defendants (Messrs. Backer & Arkus, attorneys).


HANEMAN, J.S.C.

Plaintiffs herein originally brought suit for the rescission of a contract for the purchase of a diamond ring, or in the alternative, damages for the breach of a warranty in connection with said purchase. At the time of trial, plaintiffs abandoned their demand for rescission and restricted the relief demanded to damages for said alleged breach of warranty.

The facts in connection herewith are as follows: Plaintiffs had, over a period of time...

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