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HERBSTMAN v. EASTMAN KODAK CO.

131 N.J. Super. 439 (1974)

330 A.2d 384

CLIFFORD N. HERBSTMAN, PLAINTIFF-APPELLANT, v. EASTMAN KODAK COMPANY, A CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1974.

Attorney(s) appearing for the Case

Mr. Clifford N. Herbstman, appellant, pro se.

Messrs. Large, Scammell & Danziger, attorneys for respondent.

Before Judges CARTON, CRANE and KOLE.

The opinion of the court was delivered by CARTON, P.J.A.D.

Plaintiff brought this action against defendant manufacturer for breach of a warrant of merchantability of a new camera which he had purchased and claimed to be defective. The trial judge, after a trial in which the salient facts were substantially undisputed, dismissed the complaint on condition that defendant make the necessary repairs or replace the camera with a new one. He ordered that on failure to comply...

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