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MOREIRA CONSTR. CO., INC. v. MORETRENCH CORP.

97 N.J. Super. 391 (1967)

235 A.2d 211

MOREIRA CONSTRUCTION CO., INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. MORETRENCH CORPORATION, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1967.

Attorney(s) appearing for the Case

Mr. George J. Kenny argued the cause for appellant (Messrs. Pindar, McElroy, Connell & Foley, attorneys).

Mr. Clifford W. Starrett argued the cause for respondent (Messrs. Schenck, Price, Smith & King, attorneys).

Before Judges GAULKIN, LEWIS and KOLOVSKY.

PER CURIAM.

The record in this case is somewhat unusual. According to the pretrial order, plaintiff Moreira Construction Co., Inc. (Moreira) sued defendant upon a written contract under which defendant "was to provide certain equipment on a rental basis. Moreira contends that the equipment * * * was defective and was not reasonably fit for its intended use * * * Moreira * * * relied upon defendant's representation that the pumps were in good working order * * * when...

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