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J.R. CHRIST CONSTR. CO., INC. v. WILLETE ASSOCIATES

47 N.J. 473 (1966)

221 A.2d 538

J.R. CHRIST CONSTRUCTION CO., INC., A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, AND NA-JA CONSTRUCTION CORPORATION, A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, JOINTLY, SEVERALLY, AND IN THE ALTERNATIVE, PLAINTIFFS-APPELLANTS, v. WILLETE ASSOCIATES, A CORPORATION OF THE STATE OF NEW JERSEY, AND WILLETE ACRES, INC., A CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 8, 1966.

Attorney(s) appearing for the Case

Mr. Eugene W. Landy argued the cause for appellants (Messrs. Landy, Bonello & Weinstein, attorneys; Mr. Richard L. Bonello on the brief).

Mr. Harry Schaffer argued the cause for respondent (Mr. Nathaniel Goldring, attorney).

The opinion of the court was delivered by PROCTOR, J.

The primary issue on this appeal is whether the statutory provisions governing mechanics' liens (N.J.S. 2A:44-64 et seq.) permit the plaintiffs to establish a lien for installing sewers, pursuant to a contract with a developer, underneath streets laid out on a subdivision map.

Defendant, Willete Associates, owned a large tract of vacant land in Middletown Township, Monmouth County, which it...

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