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FLAVORLAND IND., INC. v. SCHNOLL PACKING CORP.

167 N.J. Super. 376 (1979)

400 A.2d 883

FLAVORLAND INDUSTRIES, INC., PLAINTIFF, v. SCHNOLL PACKING CORPORATION, DEFENDANT.

Superior Court of New Jersey, District Court, Essex County.

March 15, 1979.

Attorney(s) appearing for the Case

Mr. James M. Newman for plaintiff (Messrs. Heitner, Rosenfeld, Reilly, Goldzweig & Grossman, attorneys).

Mr. Edward R. Longo for defendant (Messrs. Benenson & Seher, P.A., attorneys).

ALBANO, P.J.D.C.

The issue, in this Uniform Commercial Code matter, is the right to "cover" under N.J.S.A. 12A:2-711 (1)(a) and N.J.S.A. 12A:2-712.

In its complaint plaintiff (hereinafter the seller) alleged that defendant (hereinafter the buyer) owed it $2,438.61, the fair value of certain goods contracted for. In its answer the buyer set up a counterclaim of set-off in the same amount. This set-off arose from the failure of the seller...

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