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REYNOLDS OFFSET CO., INC. v. SUMMER

68 N.J. Super. 46 (1961)

171 A.2d 365

REYNOLDS OFFSET CO., INC., A CORPORATION OF NEW YORK AUTHORIZED TO DO BUSINESS IN NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALEXANDER SUMMER AND EDITH SUMMER, A PARTNERSHIP T/A ALEXANDER SUMMER CO., DEFENDANTS-APPELLANTS, AND JAMES E. HANSON AND ROBERT E. BLACKFORD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1961.

Attorney(s) appearing for the Case

Mr. Charles E. Villanueva argued the cause for the defendants-appellants (Messrs. Van Riper & Belmont, attorneys).

Mr. Benjamin H. Chodash argued the cause for the plaintiff-respondent (Messrs. Krieger & Chodash, attorneys).

Before Judges GOLDMANN, FOLEY and COLLESTER.

The opinion of the court was delivered by COLLESTER, J.S.C. (temporarily assigned).

The defendants, Alexander Summer and Edith Summer, a partnership trading as Alexander Summer Co. (Summer Co.) appeal from a denial by the Law Division of their application to amend the pleadings and the pretrial order by adding as defenses to the action (1) the statute of frauds and (2) the right of the plaintiff, a New York corporation, to maintain the action. They likewise appeal...

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