EDWARD D. LORD, INC. v. MUN. UTIL. AUTH. TP. LOWER, CAPE MAY


133 N.J. Super. 503 (1975)

337 A.2d 621

EDWARD D. LORD, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. MUNICIPAL UTILITIES AUTHORITY OF THE TOWNSHIP OF LOWER, CAPE MAY COUNTY, AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1975.


Attorney(s) appearing for the Case

Mr. Lee M. Hymerling argued the cause for appellant (Messrs. Archer, Greiner & Read, attorneys).

Mr. William M. Balliette, Jr. argued the cause for respondent Municipal Utilities Authority of the Township of Lower, Cape May County (Messrs. Cafiero & Balliette, attorneys).

Mr. Lawrence E. Stanley, Deputy Attorney General, argued the cause for respondent State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges MATTHEWS, FRITZ and BOTTER.


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

This is a unique case in which plaintiff Edward D. Lord, Inc. (Lord) sues to recover the full amount of a contract made with defendant Municipal Utilities Authority of the Township of Lower (M.U.A.) for the construction of a sewerage treatment plant. Defendant counterclaimed for a relatively small amount representing an alleged overpayment made to plaintiff....

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