GINDY MFG. CORP. v. CARDINALE TRUCK. CORP.


111 N.J. Super. 383 (1970)

268 A.2d 345

GINDY MANUFACTURING CORPORATION, PLAINTIFF, v. CARDINALE TRUCKING CORP., DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 27, 1970.


Attorney(s) appearing for the Case

Messrs. Zucker, Lowenstein, Gurny & Zucker for plaintiff (Mr. Milton Gurny on the Brief).

Mr. Elvin R. Giordano for defendant.


BOTTER, J.S.C.

This is an action by the seller (Gindy) of twenty-five 1967 semi-trailers for a deficiency of $13,052.37 after repossession and resale following defendant's default in payment under a conditional sales contract. The defense and counterclaim are based on the assertion that the trailers were delivered with faulty radius rods which caused premature tire wear and consequent monetary loss.

The matter is before the court on plaintiff's motion for...

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