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WALTER E. HELLER & CO. v. HAMMOND APPLIANCE CO.

29 N.J. 589 (1959)

151 A.2d 537

WALTER E. HELLER & COMPANY, INC., A CORPORATION, ASSIGNEE OF THE PEERLESS CORPORATION, PLAINTIFF-RESPONDENT, v. THE HAMMOND APPLIANCE CO., INC., A CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 1, 1959.

Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for plaintiff-respondent (Mr. Samuel B. Feld, attorney).

Mr. J. Mortimer Rubenstein argued the cause for defendant-appellant.

PER CURIAM.

Plaintiff assignee sued for the price of goods sold and delivered by its assignor, an appliance dealer. Defendant asserted that the sale had been rescinded and counterclaimed for reasonable storage charges arising from the seller's failure to retake the articles in accordance with the agreement of rescission. The trial court dismissed claim and counterclaim. The Appellate Division reversed and directed the entry...

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