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STAMATO & CO., INC. v. TP. OF VERNON

131 N.J. Super. 151 (1974)

329 A.2d 65

D. STAMATO & CO., INC., PLAINTIFF-APPELLANT, v. TOWNSHIP OF VERNON AND INTERCOUNTY PAVING, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1974.

Attorney(s) appearing for the Case

Mr. Herbert R. Ezor argued the cause for appellant (Messrs. Heller & Laiks, attorneys; Mr. Murray A. Laiks, of counsel).

Mr. Paul F. Koch argued the cause for respondent Township of Vernon (Messrs. Shelton and Koch, attorneys).

Mr. Robert L. Podvey argued the cause for respondent Intercounty Paving, Inc. (Messrs. Podvey, Sachs & Witherington, attorneys; Ms. Kathleen Moran, on the brief).

Before Judges KOLOVSKY, LYNCH and LORA.

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

Defendant township advertised for bids for paving of a portion of Canistear Road with a bituminous concrete surface upon an existing foundation, the advertisement stating that the "estimated amount of bituminous surface required is 1420 tons."

Bids were received by the township committee on September 23, 1974. The bid of plaintiff D. Stamato & Co., Inc., at a unit price of $15.15 a ton for a...

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