RUDOLPH v. HOME INDEMNITY CO.


138 N.J. Super. 125 (1975)

350 A.2d 285

JOHN W. RUDOLPH, ET AL., PLAINTIFF, v. THE HOME INDEMNITY COMPANY, A NEW YORK CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 4, 1975.


Attorney(s) appearing for the Case

Mr. Frank Cofone, Jr., for plaintiff (Messrs. Rafano and Wood, attorneys).

Mr. Sanford D. Kaplan for defendant (Messrs. Morgan, Melhuish, Monaghan, McCoid and Spielvogel, attorneys, Mr. Richard E. Arvidson, of counsel).


DIANA, J.C.C., Temporarily Assigned.

These are cross-motions for summary judgment. The facts are not in dispute.

In March 1973 plaintiff Thomas Rudolph advertised to sell his 1970 Chevrolet Corvette for $3,700. A person representing himself as "Bill Warren" answered the advertisement in person, offering to purchase the car for the sum of $3,600. Rudolph refused to reduce the price and "Warren" returned a few days later and presented a purported certified check...

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