FRANK STAMATO & CO. v. CITY OF NEW BRUNSWICK


20 N.J. Super. 340 (1952)

90 A.2d 34

FRANK STAMATO & CO., A CORPORATION, PLAINTIFF-RESPONDENT, v. CITY OF NEW BRUNSWICK, A MUNICIPAL CORPORATION, BOARD OF COMMISSIONERS OF THE CITY OF NEW BRUNSWICK, DEFENDANTS-RESPONDENTS, AND A. CESTONE COMPANY, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1952.


Attorney(s) appearing for the Case

Mr. Peter P. Walsh, Jr., argued the cause for defendant-appellant (Messrs. Jamieson and Walsh, attorneys).

Mr. John T. Keefe argued the cause for plaintiff-respondent.

Before Judges McGEEHAN, JAYNE and GOLDMANN.


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

The defendant City of New Brunswick advertised for bids for the construction of a 30-inch pipe line, approximately 14,000 feet in length, including pipe, excavation and other miscellaneous items. The defendant A. Cestone Company made its bid, in the total sum of $526,358.50, to furnish all materials and to perform all the required work according to the specifications. This was the lowest bid of the six bids...

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