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HUCK v. GABRIEL REALTY

136 N.J. Super. 468 (1975)

346 A.2d 628

WILLIAM H. HUCK, SUSAN HUCK, ALEXANDRIA HUCK AND JULIA BEDELL, INDIVIDUALLY AND AS PARTNERS, TRADING AS SAXON COMPANY, SUCCESSOR TO A.W.H. CO., PLAINTIFFS, v. GABRIEL REALTY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided September 16, 1975.

Attorney(s) appearing for the Case

Mr. William J. Gannon for plaintiffs (Mr. Edward V. Ryan, attorney).

Mr. Francis X. Rieger for defendant.

PETRELLA, J.C.C., Temporarily Assigned.

This action poses a question of first impression in this State concerning the effect of material misrepresentations upon a contract for indemnification. The dispute arose out of a letter whereby defendant Gabriel Realty, promised "to defend and hold harmless" plaintiffs Huck Co., Inc. and certain individuals trading as Saxon Company, successor to A.W.H. Co.

The December 16, 1963 letter reads:

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