Passaic Valley Sewerage Commissioners v. Geo. M. Brewster & Son, Inc.

The opinion of the court was delivered by

Hall, J.

The question before us is whether the trial court, under the circumstances present, properly dismissed the complaint following plaintiff’s opening statement to the jury and then denied an application to reopen.

Geo. M. Brewster & Son, Inc. (“Brewster”) was the low bidder, at $4,998,450, for certain construction work at plaintiff’s Newark Bay pumping station and was awarded the contract in the fall of 1956. The other bidders were Kuchar Brothers (“Kuchar”) at $5,092,650 and Terminal Construction Corp. (“Terminal”) at $5,125,180. Two weeks after…