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Sellitto v. Township of Cedar Grove

Decided: July 14, 1944.

NICHOLAS SELLITTO, PROSECUTOR,
v.
TOWNSHIP OF CEDAR GROVE, A MUNICIPAL CORPORATION, AND C. D. MARANGI, RESPONDENTS



On writ of certiorari.

For the prosecutor, Thomas Brunetto and Joseph C. Cassini.

For the respondent Township of Cedar Grove, Samuel W. Boardman, Jr., and Fred G. Stickel, III.

For the respondent C. D. Marangi, Alfred J. Grosso.

Before Justices Case, Bodine and Porter.

Case

The opinion of the court was delivered by

CASE, J. The writ brings up an award to C. D. Marangi of a contract to collect and dispose of the garbage, ashes and refuse of the Township of Cedar Grove, County of Essex. Marangi had been doing that work. His contract year was to expire on April 1st, 1944, and the Board of Commissioners of the township, pursuant to a resolution passed by them, advertised for bids for the ensuing year, all such proposals to be addressed to the board, in care of the township clerk. In due season the board met and received and opened the bids, which were as follows:

Nick Sellitto $6,500

M. Iommetti & Sons 6,499

C. D. Marangi 7,200

The matter of award was, on motion, laid over for two weeks, and at the adjourned meeting the board, on the assigned reason that the bids were too high for the service to be rendered, rejected all bids and directed the clerk to readvertise. At the appointed time the board again met, received and opened bids. Then there were only two bids, as follows:

N. Sellitto $5,749

C. D. Marangi ...


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