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APEX Metal Stamping Co. v. Alexander & Sawyer Inc.

Decided: January 22, 1958.

APEX METAL STAMPING CO., INC., SUCCESSORS TO APEX ELECTRICAL MFG. CO., A CORPORATION, PLAINTIFF-RESPONDENT,
v.
ALEXANDER & SAWYER, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT



Goldmann, Freund and Conford. The opinion of the court was delivered by Freund, J.A.D.

Freund

[48 NJSuper Page 478] The defendant appeals from a judgment of $6,993.56, including interest and costs, entered by the trial court sitting without a jury, in a contract action where the plaintiff was precluded by the defendant from fully performing its agreement to manufacture 75,000 tire

stands. The grounds of appeal relate primarily to the quantum of damage.

The plaintiff, at the time of the inception and breach of the agreement here involved, was a partnership. Milton Tepfer, formerly a partner, and now secretary and treasurer of the plaintiff successor corporation, testified concerning the contract obligations between the litigants.

The testimony of Milton Tepfer disclosed that the agreed contract price for each tire stand was $.435. Each item of the product was manufactured in two identical parts, and the cost of production of each half was given as follows:

Materials

Steel $.0582

Paint .0398

2 screws and 2 nuts .00816

Carton and paper .00217

Labor

Shear blanks .0012

1st press operation .0018

2nd press operation .002

3rd press operation .004

Packing and strapping .002

Overhead (at 25% of labor cost) ...


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