Decided: April 20, 1944.
WILLIAMSPORT PLANING MILL CO., A CORPORATION IN LIQUIDATION, RELATOR-RESPONDENT,
BOARD OF EDUCATION OF THE CITY OF PATERSON, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, A MUNICIPAL CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT
On appeal from the Supreme Court, whose opinion is reported in 131 N.J.L. 33.
For the relator-respondent, Kristeller & Zucker (Saul J. Zucker).
For the defendant-appellant, Joseph Coult and Harold D. Green.
[131 NJL Page 486]
The conclusions reached by the Supreme Court are sound and the judgment should be affirmed. We think that the Board of Education, which was not a party to Williamsport
[131 NJL Page 487]
Planing Mill Co. v. Maryland Casualty 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, RAFFERTY, HAGUE, THOMPSON, DILL, JJ. 11.
For reversal -- HEHER, PERSKIE, JJ. 2.