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KUPPER v. BARGER

38 N.J. Super. 265 (1955)

118 A.2d 694

CHARLES J. KUPPER, PLAINTIFF-RESPONDENT, v. JOHN E. BARGER, ET AL., DEFENDANTS-APPELLANTS. KUPPER, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN E. BARGER, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 1955.

Attorney(s) appearing for the Case

Mr. Franklin H. Berry argued the cause for appellants (Messrs. Berry, Whitson & Berry, attorneys).

Mr. Adrian M. Unger argued the cause for respondents (Messrs. Milton M. and Adrian M. Unger, attorneys).

Mr. Louis D. Champion argued the cause for South Jersey Title Ins. Co. (Mr. Charles C. Babcock, attorney).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered PER CURIAM.

On the former appeal we determined that the basic stipulation of settlement "was * * * not sufficiently complete to warrant the entry of the judgment under the attribution of the mutual consent of the parties." Because of the absence of necessary parties to that appeal, we declined "either to affirm or reverse the judgment under review." We then proceeded to state:

"In the existing situation it is our conclusion...

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