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Weintraub v. Krobatsch

Supreme Court of New Jersey
64 N.J. 445, 317 A.2d 68 (1974)


Facts

Weintraub (plaintiff) owned a house that the Krobatsches (defendants) wished to purchase. The parties entered a contract for sale of the home, which provided that Weintraub had made no representation about the condition of the home. After execution of the contract, but prior to closing, the Krobatsches entered the house to find that it was infested with roaches. Thereafter, they sought to rescind the contract. Weintraub rejected the rescission and filed an action against the Krobatsches seeking damages. The trial court granted Weintraub’s motion for summary judgment, and the Krobatsches appealed.

Rule of Law

Issue

Holding and Reasoning (Jacobs, J.)

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