AVON SHEET METAL CO. v. HERITAGE HOUSE ASSOC.


107 N.J. Super. 487 (1969)

259 A.2d 241

AVON SHEET METAL CO., A CORPORATION OF NEW JERSEY, PLAINTIFF, v. HERITAGE HOUSE ASSOCIATES, A PARTNERSHIP CONSISTING OF EUGENE KLEINWACKS, MELVIN TOBIAS AND MAX DRILL, DEFENDANTS.

Superior Court of New Jersey, District Court, Essex County.

Decided December 1, 1969.


Attorney(s) appearing for the Case

Mr. George Y. Sodowick appeared for plaintiff. (Messrs. Eichler, Rosenberg & Silver, attorneys).

Mr. Leon Sach appeared for defendants.


YANOFF, J.D.C.

Plaintiff seeks a contract recovery in two counts, one for the sum of $868.73, the other for the sum of $247.20, aggregating more than $1,000. Plaintiff refused to waive the excess over $1,000. The action was instituted prior to enactment of L. 1969, c. 177, effective October 14, 1969, and tried subsequent thereto. The testimony impels the following findings of fact and conclusions.

Defendant Heritage owns and operates an apartment...

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