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TOKER v. PERL

108 N.J. Super. 129 (1970)

260 A.2d 244

ROBERT TOKER AND MILDRED TOKER d/b/a BUDGET ASSOCIATES OF NEW JERSEY, AS ASSIGNEE OF PEOPLE'S FOODS OF NEW JERSEY, INC., PLAINTIFFS-APPELLANTS, v. JEFFREY OTTO PERL, a/k/a JEFFERSON OTTO PERL AND DIANE PERL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1970.

Attorney(s) appearing for the Case

Mr. Charles B. Turner argued the cause for appellants.

Mr. Ronald B. Rosen argued the cause for respondents (Messrs. Chamlin and Schottland, attorneys).

Before Judges CONFORD, COLLESTER and KOLOVSKY.

PER CURIAM.

Two separate and distinct reasons were given by the trial court for holding unenforceable the installment sales contract made between defendants and plaintiffs' assignor People's Foods of New Jersey, Inc., viz.:

(1) People's Foods defrauded defendants when it procured their signatures on the freezer contract. Their agent led defendants to believe that the freezer was included in the price for the food plan. Nowhere in the record is there...

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