SMITH v. NORTHVALE


43 N.J. Super. 259 (1957)

128 A.2d 511

IRVING SMITH, PLAINTIFF, v. BOROUGH OF NORTHVALE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY; NICHOLAS DE LAURA; EARL GUGGER; CARMINE FIRENZE; FREDERICK ALBELLI; ELMO BODRATO AND NICHOLAS PAGLIERI, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 9, 1957.


Attorney(s) appearing for the Case

Mr. William S. Grimaldi, attorney for plaintiff.

Mr. Jacob Schneider, attorney for defendants.


GRIMSHAW, J.S.C.

On May 10, 1956 the governing body of the Borough of Northvale, purportedly acting under the provisions of N.J.S.A. 40:60-26(a), authorized the sale of the property in controversy. The conditions of sale contained, among others, the following provisions:

"1. That the said property will be sold for not less than the amount set forth in the resolution and advertisement of sale.

* * * * * * * *

12. All sales shall...

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