SEITZ V. MARK-O-LITE SIGN CONTRACTORS, INC.
510 A.2d 319 (N.J. Super. 1986)
NATURE OF THE CASE: Seitz (P) sued Mark (D) for breach of contract.
FACTS: P and D entered into a contract for sign work. P gave D a deposit check in the
amount of $3,200. The contract between the parties contained a provision which reads as
follows: 'The Company shall not be liable for any failure in the performance of its
obligation under this agreement which may result from strikes or acts of labor union, fires,
floods, earthquakes, or acts of God, or other conditions or contingencies beyond its
control.' Within a few days of the execution of the contract, D discovered that its expert
sheet metal worker, Al Jorgenson, a diabetic, was required to enter the hospital and would
be unable to work for an unknown period of time. Jorgenson was the only employee of
defendant capable of performing the expert and detailed sheet metal work required. D sent a
letter returning the uncashed deposit check offering to complete any portion of the work
which D was able to perform. P entered into an agreement with another to perform the
necessary work for the total sum of $20,000. P then sued D for breach in the amount of
$7,200, representing the difference between the contracts. D raised the defense of
impossibility of performance.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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