Passaic-Bergen Lumber Co. v. Peterson

The opinion of the court was delivered by

Black, J.

This suit was brought to recover the sum of $2,142.22. The complaint alleges that this sum is due for materials furnished a contractor, Garvin-R. McCoach, under a filed contract dated September 14th, 1924, for the erection of a building for the owner, on Prospect Place, in the borough of Rutherford, New Jersey. The suit is against the owner. The complaint further alleges that in advance of the terms and conditions of the contract, the defendant and owner on November 28th or 29th, 1924, paid the contractor the sum of $2,500, and on December…