Mayor of Jersey City v. Jersey City Water Supply Co.

79 N.J. Eq. 215

Opinion

Per Curiam.

So much of the decree as is involved in the present appeal will be affirmed upon the opinion delivered by the vice-chancellor in , the court below. •

Wo think that the petition of the appellant, praying that the making of the final decree in this cause be withheld until the determination of the question whether the $500,000, authorized by the third item of the contract between the parties to be retained by the city until the performance by the contractor of one or the other oí the conditions therein recited, is now due and payable to the contractor, was properly refused; and we rest this conclusion upon the grounds set forth in the memorandum opinion of the learned vice-chancellor delivered in disposing of the application.

The order denying the application will also be affirmed.

For affirmance—Tiie Ci-iiee-Justice, Garrison, Swayze, Trencuaed, Bergen, Minturn, Bogert, Vredenburgh, Cong-DON, Sl'LLIVAX-10. For reversal—Parker—1.