ANDREYCHAK v. LENT


257 N.J. Super. 69 (1992)

607 A.2d 1346

MARYANN ANDREYCHAK AND DEBBI M. BLACK, PLAINTIFFS-APPELLANTS, v. ELAINE LENT, DEFENDANT-RESPONDENT, AND A.R. ZIMMER, INC., A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 1992.


Attorney(s) appearing for the Case

Robert T. Costello argued the cause for plaintiffs; Robert T. Costello on the brief.

William C. Herrmann argued the cause for respondent, Elaine Lent; William C. Herrmann on the brief.

Before Judges ANTELL, BAIME and THOMAS.


The opinion of the court was delivered by THOMAS, J.S.C., temporarily assigned.

Plaintiffs' action for damages to repair a malfunctioning septic system was dismissed at the conclusion of plaintiffs' proofs. This appeal resulted and we reverse.

Plaintiffs contracted to purchase a 45-year-old single family home from defendant Lent. The parties knew when the purchase contract was signed that the septic system was not working. Therefore, a handwritten addendum...

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