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DE PONTE v. MUTUAL CONTRACTING CO.

18 N.J. Super. 142 (1952)

86 A.2d 785

ANTHONY DE PONTE, PLAINTIFF-RESPONDENT, v. MUTUAL CONTRACTING COMPANY, INC., A CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1952.

Attorney(s) appearing for the Case

Mr. Howard K. Stokes argued the cause for the plaintiff-respondent (Messrs. Wise & Wise, attorneys).

Mr. Benjamin I. Kantor argued the cause for the defendant-appellant (Messrs. Karkus & Kantor, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by EASTWOOD, J.A.D.

This litigation is based upon two causes of action: (1) the plaintiff's suit for damages allegedly arising out of breach of a written contract between the parties for the installation of concrete curbs and sidewalks at Red Bank, New Jersey; and (2) the defendant's counterclaim for mixed cement sold and delivered by the defendant to the plaintiff. The trial resulted in a verdict by the jury in favor of the...

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