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Bendit v. Intarante

Decided: November 8, 1961.

BENJAMIN L. BENDIT, EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF SALVATORE LA SPADA, DECEASED, PLAINTIFF-RESPONDENT,
v.
CARMELLA INTARANTE AND CONCETTA INTARANTE, DEFENDANTS-APPELLANTS, AND VERONICA (RONNIE) LA SPADA AND SOMERSET BUS CO., INC., ETC., DEFENDANTS-RESPONDENTS



Conford, Freund and Labrecque. The opinion of the court was delivered by Labrecque, J.s.c. (temporarily assigned).

Labrecque

The defendants Carmella Intarante and Concetta Intarante appeal from a summary judgment entered in favor of the defendant Veronica La Spada, holding that an agreement entered into between defendant Somerset Bus Co., Inc. and plaintiff's decedent, Salvatore La Spada, was not testamentary in nature and that by reason thereof Mrs. La Spada was entitled to the weekly payments provided for therein.

The decedent, Salvatore La Spada, husband of Veronica La Spada, had formerly been the owner of a bus operation known as Green Flyer, Inc. On June 28, 1957, he agreed to sell his stock and turn over the operation to Somerset Bus Co., Inc. The contract was embodied in a written agreement and a letter of the same date, providing as follows:

"This Agreement entered into this 28th day of June, 1957, by and between Somerset Bus Co., Inc., hereinafter referred to as the 'Company,' and Salvatore La Spada, hereinafter referred to as 'La Spada.'

In consideration of the sum of One Dollar and other good and valuable consideration, the parties hereto agree, as follows:

1. The Company hereby retains La Spada as a technical advisor for a period of ten years at a stipend of One Hundred Dollars per week commencing July 1, 1957.

2. The Company further agrees that in the event that La Spada fails to survive for said ten year period, that it will, after La Spada's death continue said weekly payments to his wife, Veronica La Spada, for the balance of the terms of this agreement.

The parties agree that this contract is irrevocable.

Attest:

G. M. Noll

Secretary

Sommerset Bus Co., Inc.

By: F. J. Noll,

President"

"Somerset Bus Co., Inc.

Mountainside, N.J.

Mailing Address

P.O. Box 659, Westfield, N.J.

June 28, 1957

Mr. Salvatore La Spada,

1132 St. Louis Avenue,

Hillside, N.J.

Dear Mr. La Spada:

This is to confirm the understanding of this company that your retainer as a technical advisor to this company and the amount agreed to be paid under the retainer agreement is part of the consideration for the ...


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