Aladdin Oil Burner Corporation v. Morton

Decision Date09 October 1936
Docket NumberNo. 433.,433.
Citation187 A. 350,117 N.J.L. 260
CourtNew Jersey Supreme Court
PartiesALADDIN OIL BURNER CORPORATION, A BODY CORPORATE, PLAINTIFF-APPELLANT, v. WILLIAM J. MORTON, DEFENDANT-RESPONDENT

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.

HEHER, Justice.

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...

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8 cases
  • Lee v. State
    • United States
    • Court of Special Appeals of Maryland
    • December 13, 1983
    ...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......
  • Clark Advertising Agency, Inc. v. Tice
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 8, 1974
    ...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......
  • State v. Vigilante
    • United States
    • New Jersey Superior Court
    • January 18, 1983
    ...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......
  • Ettin v. Ava Truck Leasing, Inc.
    • United States
    • New Jersey Superior Court — Appellate Division
    • May 3, 1968
    ...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......
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1 books & journal articles
  • Section 13.4 Right to Argue
    • United States
    • The Missouri Bar Civil Trial Practice 2015 Supp Chapter 13 Final Argument
    • Invalid date
    ...the supervision and control of the trial court. 75A Am. Jur. 2d Trial § 544, pp. 121–22, p. 294 (1991); Aladdin Oil Burner Corp. v. Morton, 187 A. 350 (N.J. 1936); City of Seattle v. Erickson, 104 P. 1128 (Wash. 1909). In Warner v. Close, 96 S.W. 491, 491–92 (Mo. App. W.D. 1906), the court ......

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