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MECHANICAL DEVICES CO., INC. v. GENERAL BUILDERS, INC.

27 N.J. Super. 501 (1953)

99 A.2d 605

MECHANICAL DEVICES COMPANY, INC., PLAINTIFF-APPELLANT, v. GENERAL BUILDERS, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 8, 1953.

Attorney(s) appearing for the Case

Mr. Leon L. Levy argued the cause for plaintiff-appellant.

Mr. Sol Phillips Perlman argued the cause for defendant-respondent (Messrs. Perlman & Lerner, attorneys).

Before Judges CLAPP, GOLDMANN and EWART.

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

This action is for breach of warranty in connection with work done for the plaintiff by the defendant under a building contract. Judgment went for the defendant after a motion for summary judgment. Plaintiff appeals.

The appeal presents, first, the question whether, by the settlement of a proper action, the plaintiff estopped itself from bringing the...

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