Keppelon v. W. M. Ritter Flooring Corp.
New Jersey Court of Errors and Appeals
116 A. 491 (1922)
Facts
Keppelon (plaintiff), who was planning a new apartment building, contracted with W. M. Ritter Flooring Corporation (Ritter) (defendant) to do the building’s floors. Ritter later refused to begin the work. Keppelon sued Ritter for repudiating the contract. The trial court struck down one of Ritter’s defenses, which was that after signing the contract, Keppelon’s weakened financial condition and failure to fulfill other contractual obligations made him a poor credit risk. Ritter amended its complaint to aver that Keppelon was actually insolvent at the time work was to commence. The court struck down the amended defense as well. The trial ended in a verdict for Keppelon, which Ritter appealed to the New Jersey Court of Errors and Appeals.
Rule of Law
Issue
Holding and Reasoning (Trenchard, J.)
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