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M. Dean Kaufman, Inc. v. American Machine & Foundry Co.

Citations: 54 N.J. 239; 254 A.2d 786; 1969 N.J. LEXIS 196

Court: Supreme Court of New Jersey; July 1, 1969; New Jersey; State Supreme Court

Narrative Opinion Summary

The court affirms the decision of the Appellate Division, referencing the reasons outlined in their opinion (102 N.J. Super. 1, App. Div. 1968). However, the court disagrees with the Appellate Division’s conclusion regarding the necessity of an implied prerequisite of "authority to offer" in contracts of this nature, stating there must be evidence that such a requirement is generally recognized within the relevant business or profession. The affirmation is supported by Chief Justice Weinteatjb and Justices Jacobs, Eeancis, Peoctoe, Hall, Schettino, and Hake-man, with no justices supporting a reversal.

Legal Issues Addressed

Affirmation of Appellate Division Decision

Application: The court agrees with the Appellate Division's decision and affirms it, supporting the rationale provided in their opinion.

Reasoning: The court affirms the decision of the Appellate Division, referencing the reasons outlined in their opinion (102 N.J. Super. 1, App. Div. 1968).

Implied Prerequisite of Authority to Offer in Contracts

Application: The court finds that the existence of an implied prerequisite of 'authority to offer' in contracts must be supported by evidence that such a requirement is recognized in the relevant business or profession, contrary to the Appellate Division's conclusion.

Reasoning: However, the court disagrees with the Appellate Division’s conclusion regarding the necessity of an implied prerequisite of 'authority to offer' in contracts of this nature, stating there must be evidence that such a requirement is generally recognized within the relevant business or profession.