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WASSERMAN'S INC. v. MIDDLETOWN

137 N.J. 238 (1994)

645 A.2d 100

WASSERMAN'S INC. AND JO-RO, INC., PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF MIDDLETOWN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 2, 1994.

Attorney(s) appearing for the Case

William F. Dowd argued the cause for appellant (Dowd & Reilly, attorneys; Mr. Dowd and Bernard M. Reilly, on the brief).

Roy D. Curnow argued the cause for respondents (Drazin and Warshaw, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

Pursuant to a public advertisement for bids, plaintiff Wasserman's Inc. (Wasserman's) and defendant, Township of Middletown (the Township or Middletown), entered into a commercial lease for a tract of municipally-owned property. The agreement contained a clause providing that if the Township cancelled the lease, it would pay the lessee, Wasserman's, a pro-rata reimbursement for

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