SWIFT & CO. v. SMIGEL 115 N.J. Super. 391 (1971 ) CASE BRIEF

SWIFT & CO. V. SMIGEL
115 N.J. Super. 391 (1971)
NATURE OF THE CASE: This was an action to recover for accounts receivable. Swift (P) sought review of a decision, which granted Smigel's (D) motion for summary judgment and dismissed P's action to recover money for merchandise supplied to decedent on credit.
FACTS: Smigel (D), who was an adjudicated mental incompetent and was dead by the time this case was tried, entered into a continuing guaranty contract with Swift (P) for goods sold to the Pine Haven Nursing Home and Sanitarium. The agreement had been entered into before D had been adjudicated an incompetent. The agreement covered future deliveries until revoked. D died and Pine Haven filed for bankruptcy. P sued the estate of D on the guarantee contract. That action was dismissed; the incompetency of the offeror revoked the offer.

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LEGAL ANALYSIS:





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