Novak v. Cities Service Oil Co.
Citation | 388 A.2d 264,159 N.J.Super. 400 |
Parties | Stanley NOVAK, Plaintiff-Appellant, v. CITIES SERVICE OIL COMPANY, Defendant-Respondent. |
Decision Date | 19 May 1978 |
Court | New Jersey Superior Court – Appellate Division |
Stanley Novak, plaintiff, argued the cause pro se.
David H. Dugan, III, Cherry Hill, argued the cause for respondent (Forkin, Dugan & Segal, Cherry Hill, attorneys).
Before Judges ALLCORN, HORN and FURMAN.
We affirm the summary judgment entered in the trial court in favor of defendant, essentially for the reasons expressed in the opinion of Judge Weinberg, reported at 149 N.J.Super. 542, 374 A.2d 89 (Law Div. 1977).
As to plaintiff's argument that the language found in the brochure supplied by defendant, "The card(s) shall remain the property of Cities Service, may be cancelled by it at any time, and upon its written request, you will surrender and mail same to it at its address set out below," requires advance written notice of cancellation, we hold from our reading of same that said language imposes no such obligation.
On the subject of qualified privilege, we believe the following quotation from Coleman v. Newark Morning Ledger Co., 29 N.J. 357, 149 A.2d 193 at 203 (1959), cited in Judge Weinberg's opinion, 149 N.J.Super. at 552, 374 A.2d 89, is particularly apt:
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