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SEMI-METALS, INC. v. PINTER BROS.

70 N.J. 437 (1976)

360 A.2d 385

SEMI-METALS, INC. AND GENERAL INSTRUMENT CORP., PLAINTIFFS-APPELLANTS, v. PINTER BROTHERS AND EASTERN FREIGHT WAYS, INC., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 23, 1976.

Attorney(s) appearing for the Case

Mr. Clifford J. Sheehan argued the cause for plaintiffs-appellants (Messrs. Hueston, Hueston & Sheehan, attorneys).

Mr. Stanley P. Fishman argued the cause for defendant-respondent Pinter Brothers (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Mr. Herbert M. Guston argued the cause for defendant-respondent Eastern Freight Ways, Inc. (Mr. Nathan L. Amdur, attorney).

PER CURIAM.

We granted certification, 69 N.J. 76 (1975), to review the decision of the Appellate Division reported at 135 N.J.Super. 464 (1975). We now affirm that judgment.

Plaintiff Semi-Metals, Inc., in preparing the bill of lading, described the goods being shipped (germanium scrap) as "electronic material." (The trial court found this was an intentional misdescription).

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