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Foont-Freedenfeld Corp. v. Electro-Protective Corp.

Supreme Court of New Jersey
Jan 22, 1974
314 A.2d 68 (N.J. 1974)

Summary

affirming trial court's partial summary judgment order enforcing a limitation of liability clause in a burglary alarm services contract

Summary of this case from Fabricatore v. Adt LLC

Opinion

Argued December 19, 1973 —

Decided January 22, 1974.

On appeal from Superior Court, Appellate Division.

Mr. Theodore W. Geiser argued the cause for appellant ( Messrs. Hughes, McElroy, Connell, Foley Geiser, attorneys).

Mr. Sidney Krieger argued the cause for respondent.


On this appeal, plaintiff has expressly disclaimed any contention that the limitations of liability clause in question is arbitrary and unconscionable and should be declared unenforceable as against public policy. Rather, the argument is made that the clause (1) is invalid since it is unrelated to actual damages and therefore is in the nature of a penalty provision; and, (2) in any event, was intended to apply only to a situation where defendant breached its annual service undertaking (as distinguished from design and installation of the system) and plaintiff found it necessary to obtain the service elsewhere at a higher cost.

Also, in addition to defendant's allegedly admitted liability for breach of contract, plaintiff asserts a claim based on defendant's "innocent misrepresentation of material fact," on which plaintiff asserts it relied, with resultant damage proximately related to such misrepresentation.

We have considered all of plaintiff's contentions. The judgment of the Appellate Division is affirmed for substantially the reasons expressed in its per curiam opinion reported at 126 N.J. Super. 254 (1973).

Affirmed. For affirmance — Justices JACOBS, HALL, SULLIVAN, PASHMAN and CLIFFORD, and Judge COLLESTER — 6.

For reversal — None.


Summaries of

Foont-Freedenfeld Corp. v. Electro-Protective Corp.

Supreme Court of New Jersey
Jan 22, 1974
314 A.2d 68 (N.J. 1974)

affirming trial court's partial summary judgment order enforcing a limitation of liability clause in a burglary alarm services contract

Summary of this case from Fabricatore v. Adt LLC

stating that "in an action in which plaintiff relies upon equitable fraud, the only relief that may be sought is equitable relief, such as rescission or reformation of an agreement, and not monetary damages only."

Summary of this case from Weber v. Don Longo, Inc.
Case details for

Foont-Freedenfeld Corp. v. Electro-Protective Corp.

Case Details

Full title:FOONT-FREEDENFELD CORPORATION, PLAINTIFF-APPELLANT, v. ELECTRO-PROTECTIVE…

Court:Supreme Court of New Jersey

Date published: Jan 22, 1974

Citations

314 A.2d 68 (N.J. 1974)
314 A.2d 68

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