BITUMINOUS CONCRETE CO. v. MANZO CONTRACTING CO.


70 N.J. Super. 102 (1961)

175 A.2d 214

BITUMINOUS CONCRETE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MANZO CONTRACTING CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1961.


Attorney(s) appearing for the Case

Mr. Vincent C. De Maio argued the cause for appellant (Messrs. Heuser, Heuser & De Maio, attorneys).

Respondent did not appear.

Before Judges GOLDMANN, FOLEY and LEWIS.


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

Defendant appeals from an order of the Chancery Division adjudging it in contempt of a restraint previously issued by that court; a fine of $50 was imposed. By consent the matter was heard on affidavits.

On October 15, 1960 Bituminous purchased an asphalt plant from the Kenman Corporation. On the same date Kenman by letter leased to Bituminous "the right to use the grounds and roads where the plant is...

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