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WILLIAM A. CAREY & CO. v. BOROUGH OF FAIR LAWN

37 N.J. Super. 159 (1955)

117 A.2d 140

WILLIAM A. CAREY & CO., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BOROUGH OF FAIR LAWN, BERGEN COUNTY, NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 29, 1955.

Attorney(s) appearing for the Case

Mr. Samuel A. Larner argued the cause for plaintiff-appellant (Messrs. Budd, Larner & Kent, attorneys).

Mr. John J. Breslin, Jr., argued the cause for defendants-respondents (Mr. Joseph G. Sproviere and Messrs. Breslin and Breslin, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

On April 13, 1954 the plaintiff was one of four bidders in response to public advertisements for proposals for garbage collection in the Borough of Fair Lawn to commence May 18, 1954. The contract was awarded to the defendant Mastrangelo, one of the other bidders, and this proceeding in lieu of prerogative writ seeks to set that action aside as illegal and demands judgment declaring that plaintiff was the lowest...

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