COLIE, J.S.C.
This matter comes before the court on a stipulation of facts between counsel and on briefs for determination by the court, sitting without a jury. In January, 1941, Levy Bros. of Elizabeth, N.J., Inc., entered into a written contract with Hansen-Jensen, Inc., under which the latter was to make alterations and repairs to the building of the former. Hansen-Jensen, Inc., agreed to furnish Levy Bros. with a contractor's performance bond and to that end executed...
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