GUARANTEE CO., NO. AMERICA v. TANDY & ALLEN, ETC.


66 N.J. Super. 285 (1961)

168 A.2d 860

THE GUARANTEE COMPANY OF NORTH AMERICA, A CORPORATION OF THE DOMINION OF CANADA, PLAINTIFF, v. TANDY & ALLEN CONSTRUCTION CO., INC., A CORPORATION OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 16, 1961.


Attorney(s) appearing for the Case

Messrs. Smith, Kramer & Morrison (Mr. Kenneth A. Morrison, of counsel) and Messrs. Stradley, Ronon, Stevens & Young (by Mr. Daniel Mungall, Jr., and Mr. S. Gordon Elkins, members of the Pennsylvania Bar), attorneys for plaintiff.

Mr. Bernard Dorfman (Mr. Samuel Rochlin, of counsel, and Mr. Frederick P. Glick, of the New York Bar), attorneys for defendant.


SCHNEIDER, J.C.C.

The above case was tried on a filed stipulation of facts and on briefs. The facts are set forth here briefly because the issue is limited and presents a legal problem.

Defendant was general contractor for construction of a hangar at Burlington Airport. Defendant entered into a contract with a company known as Industrial Associates, Inc., as subcontractor for certain work on the construction job. Plaintiff furnished a completion and payment...

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