BEVERLY SEWERAGE AUTH. v. DELANCO SEWERAGE AUTH.


65 N.J. Super. 86 (1961)

167 A.2d 46

THE BEVERLY SEWERAGE AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC, PLAINTIFF, v. THE DELANCO SEWERAGE AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC, DEFENDANT. WILLIAM McCRUDDEN, PLAINTIFF, v. THE BEVERLY SEWERAGE AUTHORITY AND THE DELANCO SEWERAGE AUTHORITY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Superior Court of New Jersey, Law Division.

Decided January 3, 1961.


Attorney(s) appearing for the Case

Messrs. Bookbinder, Peskin & Markowitz (Mr. Sidney W. Bookbinder and Mr. Daniel A. O'Donnell appearing), attorneys for the Beverly Sewerage Authority.

Messrs. Parker, McCay & Criscuolo (Mr. Robert W. Criscuolo appearing), attorneys for the Delanco Sewerage Authority.

Mr. A. Jerome Moore, attorney for William McCrudden.


SCHALICK, J.S.C.

The Beverly Sewerage Authority instituted an action in the Chancery Division against the Delanco Sewerage Authority to reform or rescind the contract executed by them on October 3, 1947, which contract was for a term of 40 years. In the Law Division plaintiff McCrudden, a taxpayer of the City of Beverly, brought an action in lieu of prerogative writs against both sewerage authorities to invalidate the contract between them or to compel the Beverly...

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