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J.D. LOIZEAUX LUMBER CO. v. DAVIS

41 N.J. Super. 231 (1956)

124 A.2d 593

J.D. LOIZEAUX LUMBER COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. HELEN DAVIS AND MICHAEL DAVIS, HUSBAND AND WIFE; MICHAEL SCHACK AND ELIZABETH SCHACK, HUSBAND AND WIFE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 1956.

Attorney(s) appearing for the Case

Mr. Cuddie E. Davidson, Jr., argued the cause for the appellant (Messrs. Davidson and Davidson, attorneys; Mr. Robert J.T. Mooney, on the brief).

Mr. Morris Spritzer argued the cause for the respondents.

Before Judges FRANCIS, HUGHES and KNIGHT.

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

The problem presented here is whether a materialman's notice of intention was signed as required by the Mechanics Lien Act, N.J.S. 2A:44-72, and if not, whether the plaintiff should have been permitted to amend it under N.J.S. 2A:44-73.

Defendants Helen Davis and Michael Davis, husband and wife, and Michael Schack and Elizabeth Schack, husband and wife, are owners of certain...

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