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JARDINE ESTATES, INC. v. DONNA BROOK CORP.

42 N.J. Super. 332 (1956)

126 A.2d 372

JARDINE ESTATES, INC., ETC., PLAINTIFF-APPELLANT, v. DONNA BROOK CORP., ETC., DEFENDANT-RESPONDENT, AND JAMES R. PRISCO, DEFENDANT. DONNA BROOK CORP., ETC., PLAINTIFF-RESPONDENT, v. JARDINE ESTATES, INC., ETC., DEFENDANT-APPELLANT, AND FRANKLIN WASHINGTON TRUST COMPANY, ETC., ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1956.

Attorney(s) appearing for the Case

Mr. Nathan Reibel argued the cause for the plaintiff-appellant Jardine Estates, Inc.

Mr. Jack L. Cohen argued the cause for the defendant-respondent Donna Brook Corp.

Before Judges GOLDMANN, FREUND and CONFORD.

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

This is an appeal by the plaintiff, hereinafter referred to as "Jardine," from a judgment in favor of the defendant, referred to as "Donna Brook," entered on a jury verdict after the third trial of the cause. Two actions were consolidated. The first was brought by Jardine, an owner of land, against Donna Brook as builder, and James R. Prisco, its president, individually, to recover damages for failure to complete...

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