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(DOWNLOAD) "Buscaglia v. Owens-Corning Fiberglas" by Appellate Division New Jersey Superior Court # Book PDF Kindle ePub Free

Buscaglia v. Owens-Corning Fiberglas

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eBook details

  • Title: Buscaglia v. Owens-Corning Fiberglas
  • Author : Appellate Division New Jersey Superior Court
  • Release Date : January 10, 1961
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

When the case came to trial, Owens settled Buscaglias claim against it for $20,000, which the other parties have stipulated was a reasonable settlement of Buscaglias claim of negligence against Owens. The other claims were then submitted to the late Camden County Judge Dzick, sitting in the Superior Court, Law Division, to be decided by him without a jury, on the basis of a stipulation of facts and pretrial depositions. The court held for Owens against Catalytic in the amount paid Buscaglia plus costs and counsel fees incurred in that regard. This conclusion was predicated both on the indemnification agreement in the contract and on the doctrine of restitution, activated by breach of another provision of the agreement mentioned above, by which Catalytic undertook to take all necessary safety precautions. But Judge Dzick found the provisions of the Catalytic-Snell subcontract too vague to ground Catalytics claim over against Snell. Catalytic appeals both determinations.


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