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MISELLY MASONS, INC. v. D.H. OVERMYER CO., INC.

58 N.J. 39 (1971)

274 A.2d 584

MISELLY MASONS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. D.H. OVERMYER CO., INC., A NEW JERSEY CORPORATION; PEOPLES TRUST COMPANY OF BERGEN COUNTY, A BANKING CORPORATION OF THE STATE OF NEW JERSEY; GIBBONS CONSTRUCTION COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY; GREEN AND WHITE CONSTRUCTION COMPANY, INC., A CORPORATION; MIDDLESEX CONCRETE PRODUCTS AND EXCAVATING COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY; BEST BLOCK COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY; UTILITY-SEBOLT CO., A CORPORATION OF THE STATE OF NEW JERSEY; AND ISIDORE FRIEDMAN, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 8, 1971.

Attorney(s) appearing for the Case

Mr. Morton Joel Goldfein argued the cause for appellant (Messrs. Greenbaum, Greenbaum & Rowe, attorneys; Mr. Arthur M. Greenbaum, of counsel).

Mr. Edward P. Lynch argued the cause for respondent D.H. Overmyer Co., Inc. (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Clyde A. Szuch, of counsel).

PER CURIAM.

The judgment is affirmed for the reasons expressed in the majority opinion filed in the Appellate Division. (113 N.J.Super. 524 (1970))

For affirmance — Chief Justice WEINTRAUB and Justices JACOBS, PROCTOR, HALL and SCHETTINO — 5.

For reversal...

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