Supreme Court of New Jersey
Borough of West Caldwell, a Municipal Corporation, Plaintiff-Appellant v. Borough of Caldwell, Likewise a Municipal…
January 20, 195826 N.J. 9
Summary
The New Jersey Supreme Court held that the 1912 and 1955 agreements between the Boroughs of West Caldwell and Caldwell constitute a valid, irrevocable option contract that permits West Caldwell to withdraw its house and lateral connections and to construct its own pumping facilities, and that the agreements are not ultra vires or perpetual. The Court reversed the lower court’s judgment and remanded for further proceedings.