Menorah Chapels at Millburn v. Needle
New Jersey Superior Court
899 A.2d 316 (2006)
Emanuel Needle's (defendant) orthodox Jewish father-in-law died on a Friday, and Needle contracted with Menorah Chapels at Millburn (plaintiff) for funeral services, including a shomerim (watcher) to keep continuous vigil over the body through the Sabbath, as is customary. Menorah Chapels failed to provide the shomerim during the Sabbath. Needle refused to pay, and Menorah Chapels sued for breach of contract, seeking full payment minus only the cost of the missed shomerim shifts. Needle counterclaimed for breach. The trial court granted summary judgment for Menorah Chapels on both the main claim and Needle's counterclaim.
Whether a party may repudiate one part of a nondivisible contract while still claiming the benefit of the remainder of the contract.