Seitz v. Mark-O-Lite Sign Contractors
Superior Court of New Jersey, Law Division, Monmouth County
January 31, 1986, Decided
[*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. Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.
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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.
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