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DAVI v. CABANA POOLS, INC.

135 N.J. Super. 372 (1975)

343 A.2d 478

JOSEPH DAVI AND ROSE DAVI, HIS WIFE, PLAINTIFFS-APPELLANTS, v. CABANA POOLS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND S. TOM FREDA, A.K.A. THOMAS FREDA, DEFENDANTS, AND ROBERT D. STEARNS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 1975.

Attorney(s) appearing for the Case

Mr. Kenneth G. Poller argued the cause for appellants (Messrs. Weitz, Gutfleish, Wurtzel and Sterling, attorneys).

No brief was filed in behalf of respondent.

Before Judges MICHELS, MORGAN and MILMED.

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

Plaintiffs appeal from a judgment dismissing their complaint against defendant Robert D. Stearns entered by the trial judge at the close of all of the evidence. Plaintiffs had entered into a contract with defendant Cabana Pools, Inc. (Cabana), pursuant to which Cabana was to furnish the necessary materials and labor for the installation of a swimming pool on plaintiffs' property in the Borough of Hopatcong...

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