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MITCHELL v. WRIGHTSTOWN COMMUNITY APARTMENTS, INC.

4 N.J. Super. 321 (1949)

67 A.2d 203

JOSEPH MITCHELL, PLAINTIFF-APPELLANT, v. WRIGHTSTOWN COMMUNITY APARTMENTS, INC., AND ANOTHER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1949.

Attorney(s) appearing for the Case

Mr. W. Louis Bossle argued the cause for the plaintiff-appellant.

Mr. Arthur N. Weitz and Mr. Vincent L. Gallaher (Mr. Anthony C. Mitchell, attorney) argued the cause for the defendants-respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

The plaintiff appeals from a summary judgment of the Burlington County Court dismissing his complaint which was framed upon the Mechanics' Lien Law. The judgment was based upon the court's determination that the plaintiff had waived his right to a mechanic's lien. The motion for summary judgment included a further reason upon which the court did not pass, namely, that the complaint is sham.

The complaint...

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