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YOUNG v. GEORGE C. FULLER CONTRACTING CO., INC.

12 N.J. Super. 554 (1951)

80 A.2d 135

WILLIAM M. YOUNG, WILLIAM M. YOUNG, JR., AND MARY H. YOUNG, PARTNERS, TRADING AS WILLIAM M. YOUNG & CO., PLAINTIFFS, v. GEORGE C. FULLER CONTRACTING CO., INC., A CORPORATION OF THE STATE OF NEW YORK, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 16, 1951.

Attorney(s) appearing for the Case

Messrs. Lum, Fairlie & Foster, attorney for plaintiffs.

Mr. Meyer H. Ginsberg (Mr. Ervin S. Fulop of counsel), attorney for defendant.

HARTSHORNE, J.C.C.

Plaintiffs move to amend their complaint by adding thereto new counts 2 and 3. This motion is made subsequent to defendant's filing of answer and counterclaim to the original complaint and subsequent to discovery proceedings, but prior to pretrial. Defendant resists this motion, claiming that the proposed new counts are inconsistent with the original complaint, and that plaintiff by taking its original position has elected its remedy and is now...

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