Kehoe v. Mayor of Rutherford

The opinion of the court was delivered by

Dixon, J.

On October 15th, 1888, the plaintiff and defendant entered into a written contract, under seal, by which the plaintiff became bound to grade, work, shape, level, smooth and roll Montrose avenue, in the borough of Eutherford, to its entire width, according to the established grade, commencing at Washington avenue and ending at Pierpont avenue, and the defendant became bound to pay him therefor sixty-five cents per lineal or running foot.

Soon afterwards the plaintiff began the work, and continued until it was discovered that some of the land to…