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AMER. CONTAINER CORP. v. HANLEY TRUCKING CORP.

111 N.J. Super. 322 (1970)

268 A.2d 313

AMERICAN CONTAINER CORP., A NEW JERSEY CORPORATION, PLAINTIFF, v. HANLEY TRUCKING CORP., A NEW JERSEY CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. HERSCHEL TRUCKING CO., A NEW JERSEY CORPORATION, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided July 31, 1970.

Attorney(s) appearing for the Case

Mr. Henry Farer for plaintiff (Farer & Krueger, attorneys).

Mr. Salvatore Burgio for defendant and third-party plaintiff.

Mr. Herbert F. Savoye, Jr. for third-party defendant.

HERBERT, J.S.C.

On March 16, 1968 Hanley Trucking Corp. arranged to purchase from Herschel Trucking Co. certain vehicles, including a used 1965 Fruehauf semi-trailer. A week later the semi-trailer was sold to American Container Corp. as a result of negotiations between American and Hanley. The purchase price of $2,800 was paid by American to Hanley; Hanley forwarded $2,500 to Herschel and retained the $300 balance. A bill of sale and certificate of legal title were...

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