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SHARAV v. SCOTT

37 N.J. Super. 224 (1955)

117 A.2d 175

WILLIAM B. SHARAV, PLAINTIFF-RESPONDENT, v. RUTH C. SCOTT, TRADING AS H. SCOTT EXCAVATING, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1955.

Attorney(s) appearing for the Case

Mr. Lawrence Friedman argued the cause for the defendant-appellant.

Mr. Stanley G. Bedford argued the cause for the plaintiff-respondent (Messrs. Mead, Gleeson, Hansen & Pantages, attorneys; Mr. Louis J. Pantages and Mr. Peter W. Mitchell, of counsel).

Before Judges GOLDMANN, FREUND and CONFORD.

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

On May 22, 1954 the plaintiff William B. Sharav entered into an agreement with the defendant Ruth C. Scott, trading as H. Scott Excavating, to cut trees, remove stumps, excavate a foundation and driveway, and backfill soil to the foundation of the plaintiff's new home, for an agreed sum of $425, of which $300 was payable when the cellar was dug and $125 when the backfilling was completed. The defendant started...

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