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PETER W. KERO, INC. v. TERMINAL CONSTRUCTION CORP.

6 N.J. 361 (1951)

78 A.2d 814

PETER W. KERO, INC., A CORPORATION, PLAINTIFF-RESPONDENT, v. TERMINAL CONSTRUCTION CORPORATION, A CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 19, 1951.

Attorney(s) appearing for the Case

Mr. Aaron Heller argued the cause for the appellant. Mr. Irving Lloyd Gang on the brief (Messrs. Heller & Laiks, attorneys).

Mr. Samuel R. Blaine argued the cause for the respondent (Mr. C. Wallace Vail, attorney).

The opinion of the court was delivered by ACKERSON, J.

The defendant, Terminal Construction Corporation, was under contract with the United States Government for certain construction work to be performed in the building of the Veterans' Administration Hospital at East Orange, and plaintiff, Peter W. Kero, Inc., was its subcontractor for the purpose of removing a certain stock pile of earth and rock from the hospital site. The agreement between plaintiff and defendant...

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