Naidech v. Hempfling

The opinion of the court was delivered by

Parker, J.

The action is under the Mechanics’ Lien Statute, N. J. S. A. 2:60-105 et seq. for materials furnished for a building. There was a motion to “strike out the complaint” as showing on its face that plaintiffs had received payment in full for all materials supplied after the “notice of intention” required by section 2:60-112 of the act had been filed; and the District Court judge “dismissed the action” as against the present respondents, charged in the complaint as “owners.”

The case is submitted on briefs; and the only question to be decided at…