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MARKET MAINTENANCE CO., INC. v. CITY OF NEWARK

63 N.J. Super. 233 (1960)

164 A.2d 367

MARKET MAINTENANCE CO., INC., A NEW JERSEY CORPORATION, AND BETTE B. KESSLER, PLAINTIFFS-RESPONDENTS, v. CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND ROBERT B. MORRISON, TRADING AS ACME FLOOR SERVICE, VICTORY MAINTENANCE CO., INC., A NEW JERSEY CORPORATION, HOME WINDOW CLEANING CO. AND BELLEVILLE WINDOW CLEANING CO., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1960.

Attorney(s) appearing for the Case

Mr. Jerome L. Kessler argued the cause for plaintiffs-respondents.

Mr. Vincent P. Torppey, Corporation Counsel, argued the cause for the defendant-appellant City of Newark (Mr. Jacob M. Goldberg, on the brief).

Before Judges CONFORD, FOLEY and LEONARD.

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

The City of Newark appeals from a judgment of the Law Division restraining it from entering certain building maintenance contracts.

The facts are not in dispute. The city pursuant to N.J.S.A. 40:50-1 advertised for bids for furnishing janitorial maintenance, window cleaning and exterminating services in twenty-four municipal buildings. The proposal sheet submitted to each bidder contained the following...

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