Jones v. Hackensack Auto Wreckers, Inc.

The opinion of the court was delivered by

Donges, J.

Plaintiff sues to recover damages for the failure of defendant to deliver 250 tons of scrap iron, which plaintiff alleges he purchased from the successful bidder at an auction sale. Plaintiff had judgment in the Bergen County Circuit Court in the sum of $1,093.83 and costs of suit.

Defendant was engaged in the business of dealing in scrap iron and second-hand automobiles and parts. It entered into a contract with one Bauridel, a public auctioneer, to conduct a sale of certain goods and chattels, including a pile of scrap iron.

Plaintiff…