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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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