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ESSLINGER'S, INC. v. ALACHNOWICZ

68 N.J. Super. 339 (1961)

172 A.2d 433

ESSLINGER'S, INC., PLAINTIFF-APPELLANT, v. MICHAEL ALACHNOWICZ, INDIVIDUALLY AND TRADING AS WILLIAMSTOWN BOTTLING WORKS, DEFENDANT-COUNTERCLAIMANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 1961.

Attorney(s) appearing for the Case

Mr. Frank E. Vittori argued the cause for the appellant (Mr. John H. Reiners, Jr., attorney).

Mr. Howard G. Kulp, Jr. argued the cause for the respondent (Messrs. Brown, Connery, Kulp & Wille, attorneys).

Before Judges PRICE, GAULKIN and SULLIVAN.

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

In April 1959 Esslinger's Inc., a brewer of beer, sued Michael Alachnowicz, one of its former distributors, for $4,509.84 on a book account. Alachnowicz filed a counterclaim for damages for termination of his distributorship, but in it he made no claim of the lifetime contract hereafter mentioned. On July 10, 1959 Esslinger's was granted summary judgment for the $4,509.84 plus interest, which Alachnowicz paid...

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