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Seitz v. Mark-O-Lite Sign Contractors

Superior Court of New Jersey, Law Division, Monmouth County

January 31, 1986, Decided

L-80364-84

Opinion

 [*648]  [**320]   This is an action for breach of contract in which plaintiff, George Seitz, seeks damages from defendant, Mark-O-Lite Sign Contractors, Inc., in the amount of $ 7,200.

At trial, counsel for the parties agreed to submit the dispute to the court's determination based on the following stipulated facts:

1. Prior to December 1983, plaintiff submitted a bid to the Ocean County Center for the Arts on a contract involving renovations to the Strand Theater in Lakewood, New Jersey.

2. A portion of the Strand Theater project involved the restoration and replacement of a neon sign marquee.

3. Plaintiff was the low bidder on the Strand project.

4. Plaintiff first spoke with a representative of defendant in December 1983, and received a verbal estimate of from $ 10,000 to $ 12,000 for the sign work required in connection with the Strand project.

5. No written estimate was rendered by defendant and no contract was executed by plaintiff [***2]  and defendant as of the end of 1983.

6. Plaintiff signed a contract for the Strand Theater renovation with the Ocean County Center for the Arts on December 26, 1983.

7. Items 1, 2, 3 and 4 of the contract pertain to the sign work and totalled $ 19,500 of the total contract price for the Strand Theater project of $ 51,200.

8. Plaintiff obtained quotations from other sign companies in early 1984, including one from Garden State Sign Company dated January 20, 1984, in the amount of $ 20,228.

9. Plaintiff had further discussions with defendant and on April 18, 1984, a contract was executed between the parties in the total amount of $ 12,800 for the sign work. On that date plaintiff gave defendant a deposit check in the amount of $ 3,200.

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210 N.J. Super. 646 *; 510 A.2d 319 **; 1986 N.J. Super. LEXIS 1295 ***

GEORGE SEITZ, PLAINTIFF, v. MARK-O-LITE SIGN CONTRACTORS, INC., DEFENDANT

Subsequent History:  [***1]  Approved for Publication June 13, 1986.

CORE TERMS

metal, sheet, disability

Contracts Law, Standards of Performance, Impossibility of Performance, General Overview, Torts, Defenses, Exculpatory Clauses, Contract Interpretation, Business & Corporate Compliance, Contracts Law, Discharge & Termination, Types of Contracts, Executory Contracts, Breach, Anticipatory Repudiation, Material Breach