NEPTUNE RESEARCH v. TEKNICS INDUS.


235 N.J. Super. 522 (1989)

563 A.2d 465

NEPTUNE RESEARCH & DEVELOPMENT, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. TEKNICS INDUSTRIAL SYSTEMS, INC., AND TEKNICS SALES CORPORATION, BOTH NEW JERSEY CORPORATIONS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 24, 1989.


Attorney(s) appearing for the Case

Samuel D. Bornstein argued the cause for appellants.

Albert B. Jeffers argued the cause for respondent.

Before Judges KING, BRODY and ASHBEY.


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

This is a commercial dispute arising from the sale of a specialized manufacturing machine. This case turns on the issues of the seller's anticipatory breach and its later attempted retraction of that repudiation. We conclude that the buyer had the absolute right to cancel in view of the seller's repudiation. We affirm.

The buyer sued in the Law Division, demanding return of its $3,000 deposit plus interest...

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