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Fairfield Leasing Corporation v. Techni-Graphics, Inc.
Superior Court of New Jersey
607 A.2d 703 (1992)
On January 30, 1991, Techni-Graphics, Inc. (TGI) (defendant) entered a lease to rent a coffee machine from U-Vend, Inc. (U-Vend). The lease was signed together with a personal guarantee. The lease was a standardized form contract made up of 23 paragraphs. A jury waiver provision was contained in the last part of Paragraph 22. The jury waiver provision also appeared in lines 21 to 23 of a 25-line paragraph in the guarantee. The contract and the guarantee were both single-spaced and their characters were about half the size usually produced by a typewriter. U-Vend subsequently assigned the lease to Fairfield Leasing Corporation (FLC) (plaintiff). The contract provided that only U-Vend would be responsible for coffee machine defects and such defects would not affect TGI’s obligation to pay FLC. TGI stopped making payments in March 1991 due to alleged defects with the coffee machine. FLC brought suit for breach of contract and TGI added U-Vend as a third-party defendant. TGI sought a trial by jury. FLC and U-Vend brought a motion to strike TGI’s jury demand based on the jury waiver provision.
Rule of Law
Holding and Reasoning (Coburn, J.)
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