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ACE STONE, INC. v. WAYNE TP.

89 N.J. Super. 482 (1965)

215 A.2d 560

ACE STONE, INC., A CORPORATION, PLAINTIFF-APPELLANT, v. THE TOWNSHIP OF WAYNE, IN THE COUNTY OF PASSAIC, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1965.

Attorney(s) appearing for the Case

Mr. Murray A. Laiks argued the cause for appellant (Messrs. Heller & Laiks, attorneys; Mr. Eugene L. Donallo, of counsel).

Mr. Irving I. Rubin argued the cause for respondent.

Before Judges CONFORD, KILKENNY and LEONARD.

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

The Superior Court, Law Division, granted summary judgment in favor of defendant township in a suit by plaintiff contractor to recover damages sustained by it as the result of delays in the performance of its contract to install municipal sewer pipe lines. The township was held not liable, as a matter of law, because of provisions in the contract exempting it from any and all claims for damages due to delays...

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