ZURCHER v. MODERN PLASTIC MACHINERY CORP.


24 N.J. Super. 158 (1952)

93 A.2d 778

GOTTHARD J. ZURCHER, AND OTHERS, PLAINTIFFS-RESPONDENTS, v. MODERN PLASTIC MACHINERY CORP., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1952.


Attorney(s) appearing for the Case

Mr. Forster W. Freeman, Jr., and Mr. A. Leo Bohl argued the cause for the respondent Gotthard J. Zurcher (Messrs. Freeman, Buttermore and Freeman, attorneys; Mr. Peter Hofstra, attorney for the respondent Harry Haller; Mr. John A. Masiello, attorney for the respondent Paterson Machine Co., Inc.).

Mr. Ervan F. Kushner argued the cause for the appellant (Messrs. Brenman and Susser, attorneys).

Before Judges McGEEHAN, BIGELOW and JAYNE.


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

Zurcher was engaged by the defendant to build some machines. After he had completed the work he assigned certain sums out of the contract price to his two co-plaintiffs, Haller and Paterson Machine Co., Inc. The three sue for the amount due under the contract. After the plaintiffs had put in their evidence at the trial, Haller and the Machine Co. were allowed...

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