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PRICE v. B. CONSTRUCTION CO.

77 N.J. Super. 485 (1962)

187 A.2d 25

GEORGE PRICE AND MINNIE PRICE, PLAINTIFFS-RESPONDENTS, v. B. CONSTRUCTION CO., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1962.

Attorney(s) appearing for the Case

Mr. Saul J. Zucker argued the cause for appellant (Messrs. Kristeller, Zucker, Lowenstein & Cohen, attorneys).

Mr. Matthew Krafte argued the cause for respondents.

Before Judges CONFORD, GAULKIN and KILKENNY.

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

A jury in the Superior Court, Law Division, awarded plaintiff buyers $2561.18 as damages for the breach by defendant seller of a warranty that the cellar in the new home being sold would be free from water for a period of one year from the date of closing title. Defendant appeals from the judgment based on that verdict.

The agreement of sale was executed on December 15, 1958, covered a new home being...

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