Bay City Plumbing & Heating Supply, Inc. v. Ace Contracting Co.

Supreme Court of New Jersey

Bay City Plumbing & Heating Supply, Inc. v. Ace Contracting Co.

200 A. 557, 16 N.J. Misc. 397, 1938 N.J. Sup. Ct. LEXIS 39

DecidedJuly 7, 1938

StatusPublished

This text of 200 A. 557 (Bay City Plumbing & Heating Supply, Inc. v. Ace Contracting Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bay City Plumbing & Heating Supply, Inc. v. Ace Contracting Co., 200 A. 557, 16 N.J. Misc. 397, 1938 N.J. Sup. Ct. LEXIS 39 (N.J. 1938).

Pincite

Opinion

Bodine, J.

The plaintiff appeals from an order striking its complaint as sham in a mechanic’s lien action. The notice in compliance with Rev. Stat. 2 :60-113 charges Rosa and Antonio L. Celia and Louis Celia as the persons for whom the supplied materials were to be furnished. It was admitted that Louis J. Celia was the general agent of Rosa Celia with full power to order materials and supplies at her expense. His affidavit is a denial that he ordered the materials and supplies.

The affidavits filed on behalf of the plaintiff, however, assert that it was unwilling to furnish materials to the con[398]*398tractor engaged in making alteration to the Celia property, bnt that the materials in question were furnished upon the request of Louis J. Celia, and upon his promise that the payment would be made, and that no goods were furnished till the notice was filed. If the facts be as the affidavits upon behalf of the plaintiff show, the complaint was not sham. It should, therefore, not have been struck.

The judgment will be reversed.

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Bodine, J.

The plaintiff appeals from an order striking its complaint as sham in a mechanic’s lien action. The notice in compliance with Rev. Stat. 2 :60-113 charges Rosa and Antonio L. Celia and Louis Celia as the persons for whom the supplied materials were to be furnished. It was admitted that Louis J. Celia was the general agent of Rosa Celia with full power to order materials and supplies at her expense. His affidavit is a denial that he ordered the materials and supplies.

The affidavits filed on behalf of the plaintiff, however, assert that it was unwilling to furnish materials to the con[398]*398tractor engaged in making alteration to the Celia property, bnt that the materials in question were furnished upon the request of Louis J. Celia, and upon his promise that the payment would be made, and that no goods were furnished till the notice was filed. If the facts be as the affidavits upon behalf of the plaintiff show, the complaint was not sham. It should, therefore, not have been struck.

The judgment will be reversed.

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Bluebook (online)

200 A. 557, 16 N.J. Misc. 397, 1938 N.J. Sup. Ct. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bay-city-plumbing-heating-supply-inc-v-ace-contracting-co-nj-1938.