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TOLLAND v. LISTA

46 N.J. Super. 272 (1957)

134 A.2d 601

JAMES TOLLAND AND MADELINE TOLLAND, PLAINTIFFS, v. GERARD LISTA, DEFENDANT. JOSEPH LISTA, MATERIAL CLAIMANT, PLAINTIFF-APPELLANT, v. GERARD LISTA, TRADING AS G. LISTA CONSTRUCTION COMPANY, CONTRACTOR, DEFENDANT, AND JAMES TOLLAND AND MADELINE TOLLAND, HIS WIFE, OWNERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 13, 1957.

Attorney(s) appearing for the Case

Mr. Albert Burstein argued the cause for appellant Joseph Lista (Messrs. Basile & Delchop, attorneys).

Mr. Herbert L. Smith argued the cause for respondents Tolland (Mr. Martin J. Cummins, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Joseph Lista sued in the County Court to enforce a materialman's lien against the owners of the premises, the Tollands, and the builder, who is his son Gerard Lista. The Tollands subsequently brought an action in the Superior Court against Gerard Lista, claiming damages for any sum for which they might be adjudged liable to Joseph Lista, as well as damages for failure to complete the job and for defective...

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