Potter v. Borough of Metuchen

The opinion of the court was delivered by

Campbell, J.

Plaintiff, the assignee of Christopher Marzella, sued for the construction of a concrete floor in a building leased by the defendant, as a firehouse at a nominal rental of one dollar per year. The state of demand is in two counts; the first alleges a specific contract at an agreed price of $350; and, the second is upon a book account in the same amount.

At the trial the plaintiff established that the work was done and completed in pursuance of a verbal contract between his assignor and two members of the borough council, referred to as fire…