FIRE DIST. NO. 9, ETC. v. AMERICAN LA FRANCE


176 N.J. Super. 566 (1980)

424 A.2d 441

COMMISSIONERS OF FIRE DISTRICT NO. 9, ISELIN, WOODBRIDGE, N.J., A MUNICIPAL CORPORATION, PLAINTIFF-APPELLANT, v. AMERICAN LA FRANCE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1980.


Attorney(s) appearing for the Case

Foley & Gazi, attorneys for appellant (Francis C. Foley, on the brief).

Clapp & Eisenberg, attorneys for respondent (Howard G. Katz, of counsel and on the brief).

Before Judges ALLCORN, KOLE and PRESSLER.


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

On August 3, 1979 plaintiff municipality filed a complaint alleging that it had purchased a new fire truck from defendant on November 24, 1974, that defendant warranted that the paint job was in good condition and that the warranty was breached. It sought damages for the money plaintiff would have to expend to have the truck repainted. Defendant claimed that the breach of warranty was barred by the four-year statute...

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