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SCHWEIZER v. MAC PHEE

130 N.J. Super. 123 (1974)

325 A.2d 828

WILLIAM C. SCHWEIZER, T/A SCHWEIZER BROTHERS EXCAVATING CONTRACTORS, PLAINTIFF-APPELLANT, v. WILLIAM MAC PHEE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 26, 1974.

Attorney(s) appearing for the Case

Messrs. Norton & Kalac, attorneys for appellant (Mr. Peter P. Kalac, on the brief).

Respondent did not file a brief.

Before Judges MATTHEWS, FRITZ and BOTTER.

PER CURIAM.

Plaintiff William C. Schweizer, trading as Schweizer Bros. Excavating Contractors (Schweizer), appeals from the involuntary dismissal1 of his complaint in contract against defendant William MacPhee (MacPhee).

The essential facts are not the subject of any substantial dispute. In June 1970 MacPhee hired Schweizer to undertake some earth removal. It seems that in the course of the work some damage occurred to MacPhee...

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