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JENKINS v. DEVINE FOODS, INCORPORATED, A CORPORATION

3 N.J. 450 (1950)

70 A.2d 736

EDWARD E. JENKINS, JR., ASSIGNEE OF PAUL S. JONES COMPANY, INC., PLAINTIFFS-RESPONDENTS, v. DEVINE FOODS, INCORPORATED, A CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 9, 1950.

Attorney(s) appearing for the Case

Mr. Thomas McNulty argued the cause for respondents (Messrs. Milton, McNulty & Augelli, attorneys).

Mr. Robert R. Daly argued the cause for appellant. Mr. Galen B. Hall, on the brief (Messrs. Brady & Daly attorneys).

The opinion of the court was delivered by CASE, J.

The case was certified from the Appellate Division list of causes on our own motion. The question for decision goes to the extent and effect of the pre-trial order.

Edward E. Jenkins, Jr., assignee, sued to recover on a claim growing out of the shipment by the defendant to Paul S. Jones Company, Inc., which we shall call the plaintiff, and the return to the shipper of a part thereof as defective and unmarketable...

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