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SHORE GAS AND OIL CO., INC. v. SPRING LAKE BOR.

27 N.J. Super. 33 (1953)

98 A.2d 689

SHORE GAS AND OIL COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE BOROUGH OF SPRING LAKE, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 1953.

Attorney(s) appearing for the Case

Mr. Elvin R. Simmill argued the cause for the plaintiff-appellant.

Mr. Gilbert H. Van Note argued the cause for the defendant-respondent.

Before Judges EASTWOOD, JOSEPH L. SMITH and HANEMAN.

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

To provide for its annual consumption of gasoline, the defendant municipality advertised for sealed bids for 18,000 gallons, more or less, of Esso Extra Gasoline as manufactured by Standard Oil Company. The plaintiff submitted a bid for furnishing "Esso Extra Gasoline, or a product of EXACTLY same quality and specifications," and stated further, "The product...

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