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HEATH v. CHANNEL LUMBER CO.

25 N.J. Super. 6 (1953)

95 A.2d 425

LESTER J. HEATH, DOING BUSINESS UNDER THE ASSUMED NAME OF ALBANY LADDER COMPANY, PLAINTIFF-APPELLANT, v. CHANNEL LUMBER COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1953.

Attorney(s) appearing for the Case

Mr. Joseph Coult argued the cause for appellant.

Mr. Gerald T. Foley argued the cause for respondent (Mr. Milton J. Finkelstein, attorney).

Before Judges EASTWOOD, BIGELOW, and JAYNE.

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

A brief account of the principal events will adequately reveal the nature of this litigation. The plaintiff, Lester J. Heath, trading in Albany, New York, under the name of Albany Ladder Company, had for several years prior to 1947 engaged in the purchase, sale, rental, and repair of ladders. In 1947 he entered the business of manufacturing wooden extension ladders to the extent of cutting, fashioning, and collocating...

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