ROSS v. REALTY ABSTRACT CO.


50 N.J. Super. 147 (1958)

141 A.2d 319

MANUEL ROSS AND ISRAEL ROSS, CO-PARTNERS, TRADING AS ROSS PLUMBING AND HEATING CO., PLAINTIFFS-APPELLANTS, v. REALTY ABSTRACT COMPANY, A CORPORATION, AND WILBUR A. BARRETT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1958.


Attorney(s) appearing for the Case

Mr. Albert B. Melnik argued the cause for plaintiffs-appellants (Messrs. Hermann, Melnik and Lowengrub, attorneys).

Mr. Neil F. Deighan, Jr., argued the cause for defendant-respondent Realty Abstract Company (Messrs. Kisselman, Devine and Deighan, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.


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

The Camden County Court, sitting without a jury, found in favor of the defendants in an action wherein the corporate defendant was sought to be held on an agreement of guarantee, and the defendant Barrett, alternatively, for breach of implied warranty of authority to make the agreement on behalf of the corporation as its president and executive officer.

Plaintiffs are plumbing contractors. They had...

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