Opinion

Kennedy v. Westinghouse Electric Corp.

  • 16 N.J. 280
  • 108 A.2d 409
  • 47 A.L.R. 2d 1025
  • 35 L.R.R.M. (BNA) 2037
  • 1954 N.J. LEXIS 224
Court
Supreme Court of New Jersey
Filed
Oct 25, 1954
Status
Published
Author
Wachenfeld
On the bench
Wachenfeld, Vanderbilt, Heher, Oliphant, Burling, Jacobs, Brennan, Waoheneeld
Cited by
28 cases

school board violated agreement by failing to adhere to preserved prior practice of having shortened school day on day before Thanksgiving

How later courts described this case

  • school board violated agreement by failing to adhere to preserved prior practice of having shortened school day on day before Thanksgiving
  • “where by the terms of the contract performance on one side is made a condition precedent to performance by the other, such an intention expressed in the contract will be given effect”

Written by the judges who cited it.

The opinion

Wachenfeld, J.

(dissenting). I am in accord with Judge Conlon that the plaintiffs have established their right to the holiday pay in question. I would award them judgment for *295 the reasons expressed in his opinion, 25 N. J. Super. 601 (Super. Ct. 1953).

For affirmance — Chief Justice Vanderbilt, and Justices Heher, Oliphant, Burling, Jacobs and Brennan — 6.

For reversal — Justice Waoheneeld — 1.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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