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SAMUEL BRAEN'S SONS, ETC. v. FONDO

52 N.J. Super. 188 (1958)

145 A.2d 145

SAMUEL BRAEN'S SONS, ETC., PLAINTIFF-APPELLANT, v. DOMINICK FONDO, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 9, 1958.

Attorney(s) appearing for the Case

Mr. Aaron W. Nussman argued the cause for plaintiff-appellant (Messrs. Back, Nussman and Rose, attorneys).

Mr. Louis Auerbacher, Jr., argued the cause for defendants-respondents.

Before Judges CONFORD, FREUND and HANEMAN.

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

This action was instituted June 1, 1955 to recover upon a statutory bond (N.J.S. 2A:44-143 et seq.) given July 23, 1954, covering performance by a contractor on a contract for certain municipal improvements in the Borough of Fair Lawn. The contractor was Magnifico Construction Company, which, after commencing performance of the work, defaulted and was adjudicated bankrupt March 15, 1955...

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