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FABLOK MILLS, INC. v. COCKER MACHINE & FOUNDRY

120 N.J. Super. 350 (1972)

294 A.2d 62

FABLOK MILLS, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. COCKER MACHINE & FOUNDRY COMPANY, A NORTH CAROLINA CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 28, 1972.

Attorney(s) appearing for the Case

Mr. Elliot A. Lawrence, Attorney for Plaintiff, Fablok Mills, Inc. (Messrs. Bilder, Silver & Lawrence).

Mr. Israel B. Greene, Attorney for Defendant, Cocker Machine & Foundry Company.

KIMMELMAN, J.S.C.

The court is called upon to decide a motion for summary judgment brought by the defendant seller of certain knitting machines against the plaintiff purchaser who seeks rescission of the sale. The uncontradicted facts appear as follows: Between September 15, 1964 and June 30, 1965, plaintiff, a corporation engaged in the business of producing machine knitted fabrics, purchased from defendant ten model "G" knitting machines. The first two machines...

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