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M.N. AXINN CO. v. GIBRALTAR DEVELOPMENT, INC.

45 N.J. Super. 523 (1957)

133 A.2d 341

M.N. AXINN COMPANY, PLAINTIFF-RESPONDENT, v. GIBRALTAR DEVELOPMENT, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 21, 1957.

Attorney(s) appearing for the Case

Mr. Roger H. McGlynn argued the cause for appellant (Messrs. McGlynn, Stein & McGlynn, attorneys).

Mr. Walter J. Bilder argued the cause for respondent (Messrs. Bilder, Bilder & Freeman, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Defendant appeals from a judgment entered in favor of plaintiff by the Law Division judge, sitting without a jury, in an action based upon defendant's written guarantee of payment for certain building materials to be supplied by plaintiff to Chad-Mal Corporation.

The basic facts are undisputed; most of them are stipulated. Plaintiff is a New York corporation...

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