AROUND THE WORLD MERCHANDISERS v. RAYOVAC CORP.


245 N.J. Super. 337 (1990)

585 A.2d 437

AROUND THE WORLD MERCHANDISERS, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. RAYOVAC CORPORATION, A FOREIGN CORPORATION, H.J. (JERRY) GUTTMAN, CHARLES GILDEA AND STEVEN FANTUS, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided November 5, 1990.


Attorney(s) appearing for the Case

Bruce M. Pitman for plaintiffs (Pitman & Pitman, attorneys).

John S. Skilton for defendant Rayovac Corporation (Foley & Lardner, attorneys).

Craig R. Tractenberg for defendants Rayovac Corporation, H.J. (Jerry) Guttman, Charles Gildea and Steven Fantus (Abraham, Pressman & Bauer, attorneys).


MENZA, J.S.C.

Defendant moves for summary judgment. The issue in this case is whether the statute of frauds bars the enforcement of an oral contract between a manufacturer and a middleman engaged by the manufacturer to solicit and service customers for the sale of the manufacturer's product. There are no New Jersey cases which have addressed this precise issue.

Defendant is a manufacturer of batteries. Plaintiff is a wholesaler of general merchandise. In order...

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