ECLOSS CO., INC. v. PARSIPPANY-TROY HILLS TP.


55 N.J. Super. 552 (1959)

151 A.2d 385

THE ECLOSS CO., INCORPORATED, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF PARSIPPANY-TROY HILLS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1959.


Attorney(s) appearing for the Case

Mr. Samuel H. Nelson argued the cause for appellant (Messrs. Meyers and Lesser, attorneys).

Mr. Worrall F. Mountain, Jr., argued the cause for respondent (Messrs. Jeffers, Mountain and Franklin, attorneys).

Before Judges PRICE, SULLIVAN and FOLEY.


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

Plaintiff appeals from a judgment of no cause for action. The complaint filed herein seeks to compel defendant township, pursuant to an alleged agreement or at least on the basis of quantum meruit, to partially reimburse plaintiff for the expense of installing water mains in a section of defendant township.

In 1949 plaintiff, then owning a tract...

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