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OGDEN v. STERNICK

10 N.J. Super. 194 (1950)

76 A.2d 909

ALFRED OGDEN AND OTHERS, PLAINTIFFS-APPELLANTS, v. CHARLES STERNICK AND ANOTHER, ETC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 22, 1950.

Attorney(s) appearing for the Case

Mr. Richard J. Congleton argued the cause for the appellants (Messrs. Young, Shanley, Foehl & Fisher, attorneys).

Mr. Saul Cohen argued the cause for the respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

Plaintiffs, who grow apples at Kinderhook, New York, sold to defendants, who are produce merchants in Newark, 5,755 boxes of apples which were then in cold storage on plaintiffs' farm. The total agreed price was $15,229, f.o.b. storage. Defendants took out of storage 2,242 boxes but refused to remove the rest. Defendants paid or deposited with plaintiffs various sums which have been credited on the apples withdrawn...

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