RICHARDSON v. UNION CARBIDE IND. GASES, INC.


790 A.2d 962 (2002)

347 N.J. Super. 524

Jeffrey RICHARDSON, Plaintiff, v. UNION CARBIDE INDUSTRIAL GASES, INC., Praix Air Co., Allianz Insurance Company, American Risk Management, Integrated Systems Engineering Systems Engineering Company, E. Ernest Johnson, Interlake Corp., Barber-Coleman Company, Allen-Bradley, Inc., Fromme Electric Supply Co., Acrison, Inc., Milltronics, Inc., Neutronics, Inc., Drexelbrook Engineering Co., Donaldson, Inc., Selas Furnace Company, Deb Maintenance, Inc., Burlington Equipment Co., Magda Industries, Inc., Thyssen Specialty Steel Inc., Rapat Co., and Jenkins Electric, Inc., Defendants, and Rage Engineering, Inc., Defendant-Appellant, v. Hoeganaes Corporation, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 2002.


Attorney(s) appearing for the Case

John H. Osorio, Cherry Hill, argued the cause for appellant, (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Daniel D. Haggerty, on the brief).

Robert G. Devine, Westmont, argued the cause for respondent, (White and Williams, attorneys; Mr. Devine, of counsel and Chad A. Rutkowski, on the brief).

Before Judges HAVEY, BRAITHWAITE and COBURN.


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

In this appeal, we are required to address whether the "knock-out" rule applies in New Jersey when there are conflicting terms in a contract governed by the Uniform Commercial Code ("UCC"), codified at N.J.S.A. 12A:1-101 to 11-108. The effect of applying the "knock-out" rule is that the conflicting terms do not become part of the parties' contract and the contract "consists of those terms on which...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases