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BERGEN BUILDERS, INC. v. HORIZON DEVELOPERS, INC.

44 N.J. 435 (1965)

210 A.2d 65

BERGEN BUILDERS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HORIZON DEVELOPERS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, BRUNO NERI AND DIXIE LEE NERI, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 17, 1965.

Attorney(s) appearing for the Case

Mr. Frank J. Glock argued the cause for appellants (Mr. David S. Greenberg, attorney).

Mr. Bruce LaSala argued the cause for respondent (Mr. George Martin, attorney).

PER CURIAM.

The plaintiff conveyed certain premises to the defendant Horizon Developers and received a promissory note in the sum of $34,800 secured by a mortgage. The note was for the term of one year expiring November 8, 1964 and was signed by all three defendants; it contained provision for acceleration along with a provision that in the event of default the defendants would pay all costs of collection "including an attorney's fee of 15%." There was a default and...

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