McDonald v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John B. McDonald, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of December, 1899, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
McLaughlin, J.:
On the 29th day of July, 1895, the defendant Collins entered into a contract with the city of New York for regulating and grading Jerome avenue from Wolf place to One Hundred and Nineteenth street, in said city. Thereafter, and with the consent of the city, the plaintiff entered into a contract with Collins by which he agreed to sell and deliver to Collins 40,000 cubic yards of filling, and as much more as might be required, at the rate of twenty-five cents per cubic yard. The plaintiff performed his part of the contract, but a dispute thereafter arose between the plaintiff and…
2Cases cited1 opinion
- Burroughs v. . TostevanNew York Court of Appeals · 1879
3Cited by13 opinions
- Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Mowbray v. LevyAppellate Division of the Supreme Court of the State of New York · 1903
- Deane Steam Pump Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1903
- Terwilliger v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
- Nussberger v. WassermanNew York Supreme Court · 1903
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