WINFIELD, ETC., CORP. v. MIDDLESEX, ETC., CORP.


39 N.J. Super. 92 (1956)

120 A.2d 655

WINFIELD MUTUAL HOUSING CORPORATION, A CORPORATION, PLAINTIFF-RESPONDENT, v. MIDDLESEX CONCRETE PRODUCTS AND EXCAVATING CORPORATION, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1956.


Attorney(s) appearing for the Case

Mr. Melvin J. Koestler argued the cause for defendant-appellant (Messrs. Koestler & Koestler, attorneys).

Mr. Morris Spritzer argued the cause for plaintiff-respondent (Mr. Abe P. Friedman, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.


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

This was an action by the plaintiff (hereinafter referred to as "Winfield" or "owner") for damages ensuing from alleged breach of contract by defendant (hereinafter referred to as "Middlesex" or "contractor") in the performance of an agreement to construct 1,240 concrete porch additions to dwellings of the owner for the price of $79,650. Defendant counterclaimed for payment of moneys due for 312 of the porches...

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