Legal Opinion
Wood v. City of Ocean City
New Jersey Court of Chancery
Decided November 26, 1915PublishedCited by 5 opinions
On final hearing. On bill for enforcement of lien under Municipal Liens act.
1Opinion of the Court
Leaming, N C.
The single question here presented is whether, as against a materialman who has filed a claim of lien under our Municipal Liens act (3 Comp. Stat. p. 3315), a municipality can charge against the contract price a certain per diem amount which has been agreed upon in the original contract as liquidated damages to the municipality for failure of the contractor to complete the work within a specified time.
By the terms of the contract between the municipality and its contractor the contractor was to construct for the municipality a certain sewer system for a given price and to…
2Cases cited1 opinion
- McKee v. RappThe Superior Court of the City of New York and Buffalo · 1895
3Cited by5 opinions
- Wasserman's Inc. v. Township of MiddletownSupreme Court of New Jersey · 1994
- Thomas v. FoulgerUtah Supreme Court · 1928
- Monument Pottery Co. v. Imperial Coal CorporationCourt of Appeals for the Third Circuit · 1927
- Commonwealth Quarry Co. v. GoughertyNew Jersey Court of Chancery · 1930
- Days Inns of America, Inc. v. P & N Enterprises, Inc.District Court, D. Connecticut · 2001