Curley v. Board of Chosen Freeholders

The opinion of the court was delivered by

Collins, J.

The plaintiff contracted to build and construct two divisions of the branch road connecting the Hudson boulevard with Weehawken, and the claims in suit grew out of his contracts. The road was established under “An act to authorize the board of chosen freeholders of any of the several counties of this state to lay out, open, construct, improve and maintain a public road therein,” approved April 7th, 1888 (Gen. Stat., ¶. 2882), and its supplements.

Under each contract a percentage of the certificates of sums earned as the work progressed was to…