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D'AGATA v. LARSON

32 N.J. Super. 323 (1954)

108 A.2d 299

VINCENT D'AGATA, PLAINTIFF-APPELLANT, v. HARVEY L. LARSON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 8, 1954.

Attorney(s) appearing for the Case

Mr. Frank M. Lario argued the cause for plaintiff-appellant.

Mr. Barney B. Brown argued the cause for defendant-respondent.

Before Judges EASTWOOD, GOLDMANN and SCHETTINO.

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

Plaintiff argues two points on this appeal: (1) the trial court erred in permitting an expert witness to testify for defendant where the name and address of such expert was not given in defendant's answer to interrogatories; and (2) the verdict was contrary to the trial court's instructions.

Plaintiff and defendant had entered into a written contract whereby plaintiff undertook to build a home for...

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