Savitt v. L. & F. Construction Co.

The opinion of the court was delivered by

Heher, J.

We concur in the view expressed by Mr. Justice Perskie for the Supreme Court that section 34:15-40 of the Revised Statutes of 1937, as applied in this proceeding, is not repugnant either to the contract clauses of the Federal and State Constitutions or to the due process clause of the Fourteenth Amendment of the Federal Constitution.

As pointed out in the opinion, the statute concerns the remedy rather than substantive contractual rights. Evidently, its purpose was to correct a manifest and unintentional injustice in the earlier statute, under…