New Jersey Law Reports Volume 89.cNew Jersey Supreme Court
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Author: New Jersey Supreme Court
Page Count: 264 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781236854988
File size: 30 Mb
Download Link: New Jersey Law Reports Volume 89
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...two clauses because each. dealt with a. different situation. If the prosecutor was in fact misled by the mayor, it was. his own fault. His mistake, or the conduct of the mayor could not bind the board. By the contract it was the board that was to be satisfied, not the mayor alone. Whether the prosecutor' was under a legal obligation to remove house refuse or dead animals is of no importance. If an attempt was made to impose upon him greater burdens than the contract warranted, his remedy was to refuse to do the extra work and stand on his contract rights. The argument that the contract with the Maloney Contracting Company should have been let only after competitive bidding cannot prevail. _That contract was only a means of carrying out the provisions of the original contract with Moriarty--a subcontract. The case is quite like Camden v. Ward, 67 N. J. L. 558. Nor is there any proof that the appropriations will be exceeded by carrying out the contract with the Maloney company. If in fact the cost will exceed the amount to be recovered of Moriarty and his surety, we mustassume that the board will take measures to meet the difficulty, either by terminating the contract under the fiveday clause contained therein, or by obtaining, if practicable, increased appropriations. We cannot assume that they will incur expense in excess of the appropriations. i We find nothing arbitrary or unreasonable in the action of the board. The fact that Moriarty had twice within six weeks pleaded guilty to violations of contract, was sufficient to justify the board in finding that his work was not satisfactorily performed. The writ must be dismissed, with costs. DANIEL W. MYERS v. ADOLPH FOLKMAN AND OTHERS. Argued June 8, 1916--Decided November 10, 1916....
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