MODEL VENDING, INC., PLAINTIFF, v. FRANK STANISCI, TRADING UNDER THE NAME AND STYLE OF CLAYTON LANES, DEFENDANT, 74 N.J. Super. 12

Summary

Plaintiff corporation and defendant owner entered into a five year contract whereby plaintiff had the exclusive privilege of placing its vending machines for the purpose of selling merchandise on defendant owner's premises. Thereafter, plaintiff filed a breach of contract action against defendant when defendant closed down plaintiff's machines and commenced the sale of various items of merchandise through other methods shortly after the parties entered into their contract. In a previous action, the court found that defendant had breached the contract, and that defendant's premises had been completely destroyed by fire during the term of the contract and had never been reconstructed. Plaintiff claimed damages for loss of profits that he would have enjoyed during the five-year period. The court held that the destruction of defendant's premises by fire made the contract impossible of performance on that date because the subject matter of the contract had been destroyed, and it could not ...