Williamsport Planing Mill Co. v. Bd. of Ed., Paterson

Supreme Court of New Jersey

Williamsport Planing Mill Co. v. Bd. of Ed., Paterson

37 A.2d 43, 131 N.J.L. 486, 1944 N.J. LEXIS 217

Supreme Court of New Jersey·Decided April 20, 1944·Published

Opinion

Per Curiam.

The conclusions reached by the Supremo Court are sound and the judgment should be affirmed. We think that the Board of Education, which was not a party to Williamsport *487 Planing Mill Co. v. Maryland Casuatty Co., 129 N. J. L. 333, was not estopped by the last mentioned decision in the Supreme Court from arguing for a final acceptance but that the issue was nevertheless meritoriously decided adversely to the contention.

The judgment appealed from is affirmed.

For affirmance — The Chancellor, Parker, Case, Donges, Porter, Dear, Wells, Raeeertv, Hague, Thompson. Dill, JJ. 11.

For reversal — Hetlee, Pbrskie, J,T. 2.

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Per Curiam.

The conclusions reached by the Supremo Court are sound and the judgment should be affirmed. We think that the Board of Education, which was not a party to Williamsport *487 Planing Mill Co. v. Maryland Casuatty Co., 129 N. J. L. 333, was not estopped by the last mentioned decision in the Supreme Court from arguing for a final acceptance but that the issue was nevertheless meritoriously decided adversely to the contention.

The judgment appealed from is affirmed.

For affirmance — The Chancellor, Parker, Case, Donges, Porter, Dear, Wells, Raeeertv, Hague, Thompson. Dill, JJ. 11.

For reversal — Hetlee, Pbrskie, J,T. 2.

Williamsport Planing Mill Co. v. Bd. of Ed., Paterson, 37 A.2d 43, 131 N.J.L. 486, 1944 N.J. LEXIS 217 (N.J. 1944).

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