MILKAP CORP. v. INDUSTRIAL CONST.


281 N.J. Super. 180 (1995)

656 A.2d 1292

MILKAP CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. INDUSTRIAL CONSTRUCTION COMPANY, INC., A PENNSYLVANIA CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1995.


Attorney(s) appearing for the Case

Gravino & Vittese, attorneys for appellant (Mark A. Vittese, of counsel and on the brief).

Markowitz and Zindler, attorneys for respondent (Howard A. Teichman, of counsel and on the brief).

Before Judges SKILLMAN, WALLACE and KLEINER.


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

Prior to 1989, plaintiff Milkap Corporation was engaged in the business of real estate development. It intended to develop raw acreage in Montgomery Township into an approved major subdivision to be known as "Hidden Estates" encompassing twenty-six separate building lots to be sold for residential home construction.

On February 9, 1989, plaintiff entered into a contract with R & S Colonial Builders...

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