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FRANK STAMATO & CO. v. BOROUGH OF LODI

4 N.J. Super. 505 (1949)

67 A.2d 897

FRANK STAMATO & CO., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BOROUGH OF LODI, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 18, 1949.

Attorney(s) appearing for the Case

Mr. Martin J. Di Maria (Messrs. Di Maria & Di Maria, attorneys) argued the cause for the defendant-appellant.

Mr. Aaron Heller (Messrs. Heller & Laiks, attorneys) argued the cause for the plaintiff-respondent.

Before Judges McGEEHAN, DONGES and COLIE.

The opinion of the court was delivered by McGEEHAN, S.J.A.D.

Defendant appeals from a judgment of $11,250 in favor of the plaintiff, entered in the Law Division of the Superior Court after trial before judge and jury.

The complaint alleged that plaintiff and defendant had entered into a written contract for the removal of garbage of the residents of the Borough of Lodi; that under the contract the defendant had...

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