FABLOK MILLS v. COCKER MACH. CO.


125 N.J. Super. 251 (1973)

310 A.2d 491

FABLOK MILLS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. COCKER MACHINE & FOUNDRY COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 12, 1973.


Attorney(s) appearing for the Case

Messrs. Bilder, Silver & Lawrence, attorneys for appellant (Mr. Elliot A. Lawrence, of counsel and on the brief).

Mr. Israel B. Greene, attorney for respondent and cross-appellant and on the brief.

Before Judges FRITZ, LYNCH and TRAUTWEIN.


TRAUTWEIN, J.A.D.

Plaintiff Fablok Mills, Inc. (Fablok) commenced this action with a four-count complaint involving its purchase of ten knitting machines sold by defendant Cocker Machine & Foundry Co. (Cocker) seeking rescission, damages for breach of warranties of merchantability and fitness for the use intended, and fraud. After filing an answer defendant Cocker moved for summary judgment which motion was denied. Thereafter an amended

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