State v. Inhabitants of Trenton

The opinion of the court was delivered by

Gummere, J.

The prosecutor, who is a property-owner on Hamilton avenue, in the city of Trenton, challenges, by these proceedings, the validity of a certain contract made by the city of Trenton with Robert A. Montgomery for the paving of said avenue with Trinidad Lake asphaltum.

The first ground upon which it is urged that this contract should be declared invalid is that, by its terms, Montgomery is made to guarantee the endurance of the pavement for a period not less than five years from the date of its completion and acceptance by the city and to…