DIRECTIONS INC. v. NEW PRINCE CONCRETE CONST. CO.


200 N.J. Super. 639 (1985)

491 A.2d 1347

DIRECTIONS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. NEW PRINCE CONCRETE CONSTRUCTION COMPANY, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 1985.


Attorney(s) appearing for the Case

Michael Gross argued the cause for appellant (Michael Gross on the brief).

Loraine Schewior argued the cause for respondent (Sterns, Herbert & Weinroth, attorneys; Mark D. Schorr, of counsel; Loraine Schewior, on the brief).

Before Judges McELROY and DREIER.


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

Defendant has appealed from separate summary judgments granted to plaintiff on the issues of liability and damages. This case raises a question of novel impression concerning the defense of impossibility of performance or frustration of purpose to an otherwise viable breach of contract claim.

The facts are relatively simple. Defendant was awarded a contract to improve an intersection in the City of Linden...

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