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Sikkema v. Packard

Decided: June 19, 1963.

WILLIAM J. SIKKEMA, JR., T/A SIKKEMA WELL DRILLING CO., PLAINTIFF,
v.
WILLIAM V. PACKARD, COLLEEN M. PACKARD, AND FIRST SAVINGS AND LOAN ASSOCIATION OF FAIRLAWN, NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS



O'Dea, J.c.c.

O'dea

Defendants move for summary judgment of dismissal on two grounds:

1. Plaintiff failed to commence his action within four months from the date that the last labor or materials furnished in said lien claim was performed or were furnished; and

2. Plaintiff failed to join the builder in his action.

We will deal, first, with defendants' contention concerning commencement of this action. In order to consider the contention it is necessary to review a chain of events in chronological order:

1. On June 22, 1960 plaintiff entered into a contract with a builder, Triangle Construction Co., for the installation of wells on several properties. One of these properties suffers the lien here alleged and sought to be enforced.

2. A mechanics' notice of intention was filed by the contractor, plaintiff herein, against the premises in question and the then owner, on July 6, 1960.

3. Work on the well on the premises in question was discontinued in June 1961, according to plaintiff, for the reason that

the builder, Triangle Construction Co., failed to make required advances of payment.

4. On August 8, 1961 the parcel of land with house constructed thereon was conveyed by the builder to defendants Packard.

5. Plaintiff filed a mechanic's lien claim for $1,050 on September 21, 1961 for work and materials connected with the original well construction on this same property.

6. On February 13, 1962 plaintiff obtained a judgment against Triangle Construction Co., which judgment remains unsatisfied and to which ...


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