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JOS. TOKER CO., INC. v. LEHIGH VALLEY R.R. CO.

12 N.J. 608 (1953)

97 A.2d 598

JOSEPH TOKER COMPANY, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEHIGH VALLEY RAILROAD COMPANY, A CORPORATION OF PENNSYLVANIA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 22, 1953.

Attorney(s) appearing for the Case

Mr. Jules E. Tepper argued the cause for appellant (Messrs. Tepper, Tepper & Verney, attorneys; Messrs. Bernard Verney and Ira D. Dorian on the brief).

Mr. Arthur J. Blake argued the cause for respondent (Messrs. Emory, Langan & Lamb, attorneys; Mr. Bart J. Viviano of the New York Bar and Mr. James J. Langan on the brief).

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

The plaintiff appeals, pursuant to certification granted by this court, from a judgment for the defendant entered in the Hudson County District Court and affirmed in the Appellate Division. See Joseph Toker Co., Inc. v. Lehigh Valley R. Co., 23 N.J.Super. 289 (App. Div. 1952).

The plaintiff, a retail coal dealer of New Jersey, purchased anthracite coal...

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