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JOHNSON MACHINERY CO., INC. v. MANVILLE SALES CORP.

248 N.J. Super. 285 (1991)

590 A.2d 1206

JOHNSON MACHINERY COMPANY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. MANVILLE SALES CORPORATION, A DELAWARE CORPORATION, DEFENDANT-RESPONDENT, AND TICOR TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1991.

Attorney(s) appearing for the Case

William C. Slattery argued the cause for appellant (Norris, McLaughlin & Marcus, attorneys; William C. Slattery, of counsel and on the brief).

Kenneth H. Mack argued the cause for respondent (Picco Mack Kennedy Jaffe Perrella & Yoskin, attorneys; Kenneth H. Mack, of counsel; Burton J. Jaffe, on the brief).

Paul H. Schneider, Deputy Attorney General, argued the cause for amicus curiae, New Jersey Department of Environmental Protection (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Paul H. Schneider, on the brief).

Before Judges KING, LONG and STERN.

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

In June 1989, plaintiff Johnson Machinery Company (Johnson) instituted this action against defendants Manville Sales Corporation (Manville) and Ticor Title Insurance Company (Ticor) in the Superior Court, Chancery Division, to rescind a contract pursuant to which Manville had agreed to convey approximately 100 acres of land and improvements to Johnson; to obtain...

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