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FRANK STAMATO & CO. v. BOROUGH OF LODI

4 N.J. 14 (1950)

71 A.2d 336

FRANK STAMATO & CO., A CORPORATION, PLAINTIFF-APPELLANT, v. BOROUGH OF LODI, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 14, 1950.

Attorney(s) appearing for the Case

Mr. Aaron Heller argued the cause for the appellant (Messrs. Heller & Laiks, attorneys).

Mr. Martin J. Di Maria argued the cause for the respondent (Messrs. Di Maria & Di Maria, attorneys).

The opinion of the court was delivered by VANDERBILT, C.J.

On February 26, 1943, the plaintiff corporation entered into a written contract with the defendant borough for furnishing scavenger service in the borough for a term of two years and ten months, commencing March 1, 1943. By the contract the plaintiff agreed to make separate collections of combustible and non-combustible refuse and to dispose of the combustible material at the North Jersey Incinerator in Lodi...

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