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ALEXANDER BLDG. CORP. v. BOROUGH OF CARTERET

31 N.J. 87 (1959)

155 A.2d 263

ALEXANDER BUILDING CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. BOROUGH OF CARTERET, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 9, 1959.

Attorney(s) appearing for the Case

Mr. Raymond W. Troy argued the cause for plaintiff-respondent (Messrs. Lum, Fairlie & Foster, attorneys; Mr. Theodore L. Abeles, on the brief).

Mr. Morris Brown argued the cause for defendant-appellant (Mr. John M. Kolibas, attorney).

PER CURIAM.

The borough sold certain tracts of land to plaintiff's predecessor in title subject to conditions with respect to their improvement, which were set forth in the deeds. The conditions imposed the obligation (1) to construct complete sanitary and storm sewers to accommodate the property sold, (2) to provide a five-inch penetration macadam road on all streets on which the lots face, (3) not to build houses thereon...

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