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I.S. SMICK LUMBER v. HUBSCHMIDT

177 N.J. Super. 131 (1980)

425 A.2d 709

I.S. SMICK LUMBER, PLAINTIFF, v. MARTHA E. HUBSCHMIDT AND JOHN F. HUBSCHMIDT, HER HUSBAND ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Cumberland County.

Decided November 7, 1980.

Attorney(s) appearing for the Case

Lawrence Point for plaintiff (Acton & Point, attorneys).

Harry R. Adler for defendants Hubschmidt.

MILLER, J.S.C.

This is an action by a lumberyard on an unpaid bill for materials against the contractor and also against the owners of the land on which the materials were used. The suit against the landowners is based upon the Mechanics Lien Act, N.J.S.A. 2A:44-64 et seq.

The action presents itself on the landowners' motion for summary judgment on the ground that the materialman has no valid lien by reason of its failure to comply with the provisions...

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