Legal Opinion

Wentink v. Board of Chosen Freeholders

Supreme Court of New Jersey

Decided February 25, 1901PublishedCited by 4 opinions

On special finding. On May 13th, 1896, the Passaic county freeholders awarded a contract for the mason work of a bridge, which it had legal power to build, to Stanley & Shire, the lowest bidders, with a proviso that the contractors should furnish a bond satisfactory to the director of the board. On.

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On special finding. On May 13th, 1896, the Passaic county freeholders awarded a contract for the mason work of a bridge, which it had legal power to build, to Stanley & Shire, the lowest bidders, with a proviso that the contractors should furnish a bond satisfactory to the director of the board. On. June 2d, 1896, the board passed a resolution which, after reciting that Stanley &■ Shire had failed to sign the contract awarded them or to furnish a satisfactory bond, awarded a contract for such mason work to Adrian Wentink, the next lowest bidder, subject to the opinion of the counsel of the…

1Opinion of the Court

The opinion of the court was delivered by

Collins, J.

It is unquestionable that the recitals of the resolution awarding a contract to the plaintiff, if legally established against derelict bidders, would have fully justified the action reprobated by the court. This is declared in the *67opinion read on the decision of the certiorari. The only reason for not upholding such action was that, being quasi-judicial in its nature, it could not lawfully be taken without notice to Stanley & Shire, who would be directly affected thereby. Stanley v. Passaic, 31 Vroom 393.

There was, therefore, no lack of…

2Cases cited4 opinions

  1. Louisiana v. WoodSupreme Court of the United States · 1880
  2. White's Bank of Buffalo v. MylesNew York Court of Appeals · 1878
  3. Kehoe v. Mayor of RutherfordSupreme Court of New Jersey · 1893
  4. State v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1897

3Cited by4 opinions

  1. Sluder v. City of San AntonioTexas Commission of Appeals · 1928
  2. State v. KuehnleSupreme Court of New Jersey · 1913
  3. County of Passaic v. ManlyPassaic County Circuit Court, N.J. · 1936
  4. Central Electric Co. v. Street Lighting District No. 1Supreme Court of New Jersey · 1904

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