FOONT-FREEDENFELD CORP. v. ELECTRO-PROTECTIVE CORP.


64 N.J. 197 (1974)

314 A.2d 68

FOONT-FREEDENFELD CORPORATION, PLAINTIFF-APPELLANT, v. ELECTRO-PROTECTIVE CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 22, 1974.


Attorney(s) appearing for the Case

Mr. Theodore W. Geiser argued the cause for appellant (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys).

Mr. Sidney Krieger argued the cause for respondent.


PER CURIAM.

On this appeal, plaintiff has expressly disclaimed any contention that the limitations of liability clause in question is arbitrary and unconscionable and should be declared unenforceable as against public policy. Rather, the argument is made that the clause (1) is invalid since it is unrelated to actual damages and therefore is in the nature of a penalty provision; and, (2) in any event, was intended to apply only to a situation where defendant breached...

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