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COMFORT SPRING CORP. v. BROOKS EQUIPMENT CORP.

13 N.J. Super. 564 (1951)

81 A.2d 23

COMFORT SPRING CORP., A CORPORATION, PLAINTIFF-RESPONDENT, v. BROOKS EQUIPMENT CORPORATION, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 1951.

Attorney(s) appearing for the Case

Mr. Mark Townsend argued the cause for the defendant-appellant (Messrs. Townsend & Doyle, attorneys; Mr. Paul Aaroe, on the brief).

Mr. Stephen P. Piga argued the cause for the plaintiff-respondent.

The opinion of the court was delivered by FREUND, J.S.C.

The defendant appeals from an order dismissing the fourth count of its counterclaim. The suit was brought by the plaintiff to recover damages for defendant's failure to deliver a machine which it had agreed to construct in accordance with specifications, terms and conditions contained in a written order. The complaint alleged that the plaintiff was bi-weekly to pay the defendant's labor and material costs in...

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