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TRAUTWEIN v. BOZZO

39 N.J. Super. 267 (1956)

120 A.2d 788

RAYMOND TRAUTWEIN, PLAINTIFF-RESPONDENT, v. JAMES J. BOZZO AND MODESTO BOZZO, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1956.

Attorney(s) appearing for the Case

Mr. Martin L. Haines argued the cause for appellants (Messrs. Dimon, Haines & Bunting, attorneys).

Mr. Robert E. Dietz argued the cause for respondent (Messrs. Powell & Davis, attorneys; Mr. James M. Davis, Jr., of counsel).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Goldmann reported in 35 N.J.Super. 270 (Ch. Div. 1955).

We feel constrained to add that the defendants sought for the first time in the litigation to invoke on this appeal the equitable doctrine of unclean hands adversely to the plaintiff's cause of action. While we believe that the presentation...

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