Aladdin Oil Burner Corp. v. Morton
| Decision Date | 09 October 1936 |
| Docket Number | No. 433.,433. |
| Citation | 187 A. 350 |
| Parties | ALADDIN OIL BURNER CORPORATION v. MORTON. |
| Court | New Jersey Supreme Court |
Appeal from District Court of Newark.
Action by the Aladdin Oil Burner Corporation against William J. Morton. From an adverse judgment, the plaintiff appeals.
Reversed and remitted for further proceeding in accordance with opinion.
Argued May term, 1936, before BODINE and HEHER, JJ.
Harry Levin, of Newark, for appellant. Milton M. Unger, of Newark, for respondent.
Plaintiff sued to recover the price of an oil burner sold and delivered to defendant under a contract which conditioned defendant's liability for the purchase price upon a "reasonable satisfaction" with the equipment. The latter disaffirmed under this clause. The district court judge, sitting without a jury, rendered judgment for the defendant.
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Lee v. State
...be totally denied. In civil nonjury cases, the right may be waived. Id. at 101 (footnotes omitted). See also Aladdin Oil Burner Corp. v. Morton, 117 N.J.L. 260, 187 A. 350 (1936), a contract case in which the trial court's denial of the right of final argument was considered to be an arbitr......
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Clark Advertising Agency, Inc. v. Tice
...the district court's refusal to allow an opening argument to the jury constitutes reversible error, citing Aladdin Oil Burner Corp. v. Morton, 1936, 117 N.J. L. 260, 187 A. 350; Conner v. Flaska, 1927, 32 N.M. 162, 252 P. 1001, and Stolpher v. Bowen Motor Coaches, Tex. Civ.App.1945, 190 S.W......
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State v. Vigilante
...that it should never be denied. Herring v. New York, 422 U.S. 853, 95 S.Ct. 2550, 45 L.Ed.2d 593 supra; Aladdin Oil Burner Corp. v. Morton, 117 N.J.L. 260, 187 A. 350 (E. & A.1936). Research has disclosed no New Jersey authority which either condones or permits a criminal defendant to waive......
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Ettin v. Ava Truck Leasing, Inc.
...jury in summation as to this issue is without merit. Its counsel was not deprived of a closing. Therefore, Aladdin Oil Burner Corp. v. Morton, 117 N.J.L. 260, 187 A. 350 (Sup.Ct.1936), on which it relies, is inapposite. In his summation Ava's counsel spent considerable time discussing the m......