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UNIVERSAL SUPPLY CO. v. MARTELL CONST. CO., INC.

156 N.J. Super. 327 (1978)

383 A.2d 1163

UNIVERSAL SUPPLY COMPANY, PLAINTIFF-RESPONDENT, v. MARTELL CONSTRUCTION COMPANY, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 1978.

Attorney(s) appearing for the Case

Mr. Walter J. Ray argued the cause for defendant-appellant (Messrs. Masten and Ray, attorneys).

Mr. Louis J. Greco argued the cause for plaintiff-respondent (Messrs. Donio, De Marco & Greco, attorneys).

Before Judges HALPERN, LARNER and KING.

The opinion of the court was delivered by LARNER, J.A.D.

Plaintiff Universal Supply Company (Universal) furnished materials to Monroe Bonded Roofers (Monroe), a subcontractor in connection with a construction project of the State of New Jersey. When Monroe defaulted in payment, Universal instituted an action against Monroe and Martell Construction Company, Inc. (Martell), the prime contractor. The complaint was voluntarily...

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