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WASHINGTON CONSTRUCTION CO., INC., v. SPINELLA

13 N.J. Super. 139 (1951)

80 A.2d 318

WASHINGTON CONSTRUCTION CO., INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL SPINELLA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 1951.

Attorney(s) appearing for the Case

Mr. Louis Santorf argued the cause for the defendant-appellant.

Mr. Jack Rinzler argued the cause for the plaintiff-respondent (Messrs. Feder & Rinzler, attorneys; Mr. Joseph A. Feder, of counsel and on the brief).

Before Judges EASTWOOD, BIGELOW and FREUND.

The opinion of the court was delivered by FREUND, J.S.C.

The question on appeal is whether the plaintiff, a general contractor under a cost-plus contract for the construction of buildings on land owned by the defendant, is entitled to recover the percentage above the cost of materials delivered to the job, but not used in the construction, because prior to completion the owner terminated the contract in accordance with...

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