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PAWELEC v. DIGITCOM, INC.

192 N.J. Super. 474 (1984)

471 A.2d 60

HENRY PAWELEC, D/B/A P.H. TOOL CO., PLAINTIFF-RESPONDENT, v. DIGITCOM, INC. AN OHIO CORPORATION, DEFENDANT-APPELLANT, AND STEPHENSON MACHINERY COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1984.

Attorney(s) appearing for the Case

Sean R. Kelly argued the cause for appellant (Pitney, Hardin, Kipp & Szuch, attorneys; Robert G. Rose and Frederick L. Whitmer, on the briefs).

John E. Schwartz argued the cause for respondent Henry Pawelec, d/b/a P.H. Tool Co. (John E. Schwartz on the brief).

Gregory J. Irwin argued the cause for respondent Stephenson Machinery Co. (Harwood, Lloyd, Ryan, Coyle & McBride, attorneys; Gregory J. Irwin, on the brief).

Before Judges MICHELS, KING and DREIER.

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

Defendants, Digitcom, Inc. (Digitcom) and Stephenson Machinery Co. (Stephenson) appeal from a verdict awarding plaintiff $45,000 for lost profits on the basis of a breach of an implied warranty of fitness for a particular purpose, N.J.S.A. 12A:2-315. Plaintiff, Henry Pawelec doing business as P.H. Tool Co. (Pawelec) purchased a Kondia K-76 model number

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