BD. OF EDUCATION OF CITY OF ASBURY PARK v. HOEK


38 N.J. 213 (1962)

183 A.2d 633

BOARD OF EDUCATION OF THE CITY OF ASBURY PARK, A MUNICIPAL CORPORATION, PLAINTIFF-APPELLANT, v. FLOYD G. HOEK, DEFENDANT-RESPONDENT, AND CARROLL C. MATTHEWS, T/A FRANK MATTHEWS COMPANY, DEFENDANT.

The Supreme Court of New Jersey.

Argued February 6, 1962.

Decided June 29, 1962.


Attorney(s) appearing for the Case

Mr. Joseph N. Dempsey, attorney, argued the cause for plaintiff-appellant (Mr. Donald G. Marshall, on the brief).

Mr. Edward W. Currie argued the cause for defendant-respondent.


The opinion of the court was delivered by SCHETTINO, J.

Plaintiff instituted this action to recover profits on certain "cost plus" contracts, awarded without public bidding, for work performed in Asbury Park schools from September 25, 1952 through September 25, 1958. Defendant Hoek was plaintiff's secretary-business manager during the period in question and defendant Matthews is a carpenter-contractor who performed work under the contracts.

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