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SCHWARTZ & NAGLE, ETC. v. BD. OF CHOSEN FREEHOLDERS

6 N.J. Super. 79 (1949)

69 A.2d 885

SCHWARTZ AND NAGLE TIRES, INC., PLAINTIFF-APPELLANT, v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MIDDLESEX, AND ANOTHER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1949.

Attorney(s) appearing for the Case

Mr. Julius Stein argued the cause for plaintiff-appellant (Messrs. Stein & Feinseth, attorneys).

Mr. Edmund A. Hayes argued the cause for defendants-respondents.

Before Judges JACOBS, DONGES and BIGELOW.

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

The primary question is whether automobile tires and tubes are materials or supplies within the meaning of our statute which requires that a county government's contracts for "the furnishing of any materials, supplies or labor" shall be awarded to the lowest responsible bidder, R.S. 40:25-2.

The purchasing agent of Middlesex County, by order of the Board of Freeholders, advertised for tires and...

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