MATTER OF KAELBER v. SAHM


281 A.D. 980 (1953)

In the Matter of Frederick W. Kaelber, Doing Business as Frederick W. Kaelber Company, Respondent, v. Henry A. Sahm et al., Constituting The Town Board of the Town of North Hempstead, Nassau County, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 13, 1953.


Orders reversed on the law and the facts, with one bill of $50 costs and disbursements, and petition dismissed, without costs.

There is no dispute that the petitioner was financially responsible, had done satisfactory work for the town previously, had a substantial engineering and construction business, and that his bid was $30,000 less than the bid of the other company. The contract involved the construction and installation of incinerator equipment in an incinerator...

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