State ex rel. Borough of Pleasantville v. Atlantic City & Suburban Traction Co.

The opinion of the court was delivered by

Garrison, J.

The chief legal bar set up by the defendant to the allowance of the writ prayed for by the relator is that the duties sought to be enforced by such writ rest wholly upon the contract of the parties or, at least, arise out of a quasi-contractual relation between them. The duties sought to be enforced by mandamus in the present case are similar in their nature to those enforced by that writ in the recent case of Rutherford v. Hudson River Traction Co., 44 Vroom 227. They are duties that arose from the terms of the conditions contained in the…