Hornung v. Town of West New York

The opinion of the court was delivered by

Parker, J.

Prosecutors attack the legality of a resolution of the municipal body of West New York, awarding to Joseph Roseitt the contract for a street improvement. The original prosecutors were competing bidders, but two taxpayers were admitted as additional prosecutors and have assumed the burden of the litigation. .

The grounds argued are two—that Roseitt, to whom the contract was awarded, was disqualified because he did not de*267posit with his bid a certified check as required by the conditions; and that he was further disqualified by failing to state…