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COX v. HRUZA

54 N.J. Super. 54 (1959)

148 A.2d 193

BELFORD C. COX, T/A B.C. COX LUMBER CO., PLAINTIFF-APPELLANT, v. LESLIE HRUZA, ET UX., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1959.

Attorney(s) appearing for the Case

Mr. Edward S. Miller argued the cause for appellant (Mr. Nathaniel Rogovoy, attorney).

Mr. J. Peter Davidow argued the cause for respondents.

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiff appeals from a judgment of no cause of action entered in defendants' favor by the Cumberland County District Court in a mechanics' lien suit, for failure to comply with N.J.S. 2A:44-99 and 101 of the Mechanics' Lien Act. The precise question involved is this: Where a materialman, who sold lumber to a contractor who used it to alter a...

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