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PARK LUMBER AND SUPPLY CO. v. IOMMETTI

37 N.J. Super. 13 (1955)

116 A.2d 805

PARK LUMBER AND SUPPLY COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND VILLAGE OF RIDGEFIELD PARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. MARINO IOMMETTI, ANTHONY IOMMETTI, CHESTER IOMMETTI AND POPEO IOMMETTI, INDIVIDUALLY AND AS PARTNERS TRADING UNDER THE NAME OF M. IOMMETTI & SONS, DEFENDANTS, AND HACKENSACK BRICK CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 16, 1955.

Attorney(s) appearing for the Case

Mr. William R. Morrison argued the cause for the plaintiffs-appellants (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Gerald E. Monaghan, of counsel).

Mr. Walter W. Gehringer argued the cause for the defendant-respondent (Messrs. Winne & Banta, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

On a motion for summary judgment, the plaintiffs' complaint against the Hackensack Brick Co. was dismissed for the reason that it failed to set forth a cause of action upon which relief could be granted. The plaintiffs appeal.

The defendant Hackensack Brick Co. had leased two tracts of land under written agreements made in December 1949 and October 1951 to the defendant M. Iommetti & Sons, for use...

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