Bituminous Concrete Co. v. Manzo Contracting Co.

The opinion of the court was delivered by

Foley, J. A. D.

Defendant appeals from an order of the Chancery Division adjudging it in contempt of a restraint previously issued by that court; a fine of $50 was imposed. By consent the matter was heard on affidavits.

On October 15, 1960 Bituminous purchased an asphalt plant from the Henman Corporation. On the same date Henman by letter leased to Bituminous “the right to use the grounds and roads where the plant is located, * * * for the period from October 15, 1960 to December 31, 1961 * * * jointly with the undersigned and other tenants or occupants…