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MAYFAIR FARMS, ETC. v. KRUVANT ENTERPRISES CO.

64 N.J. Super. 465 (1960)

166 A.2d 585

MAYFAIR FARMS HOLDING CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KRUVANT ENTERPRISES CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1960.

Attorney(s) appearing for the Case

Mr. Walter D. Van Riper and Mr. William A. Wachenfeld argued the cause for plaintiff-appellant (Messrs. Van Riper and Belmont, attorneys).

Mr. Jerome C. Eisenberg argued the cause for defendant-respondent (Messrs. Hannoch, Weinstein, Myers and Stern, attorneys).

Before Judges CONFORD, FREUND and KILKENNY.

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

Plaintiff corporation sued to recover $79,000 allegedly due from Kruvant Enterprises Co. ("Kruvant" hereinafter) as the unpaid balance due on a sale of real estate in West Orange. The material defenses specified by the pretrial order were discharge by novation and discharge by accord and satisfaction. Judge Schechter, sitting in the Law Division without a jury, heard the case, which

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