Degnon Contracting Co. v. City of New York

Merrell, J. (dissenting):

The plaintiff, Degnon Contracting Company, is a foreign corporation, duly organized under and by virtue of the laws of the State of New Jersey, duly authorized to transact business in the State of New York. On or about October 2, 1912, the plaintiff entered into a contract with the defendant, The City of New York, acting through and by the Public Service Commission of the First District, pursuant to the Rapid Transit Act (so called), to construct sections Nos. 1 and 2, route No. 11-B, Fourth Avenue subway, in the borough of Brooklyn.

It is admitted by the defendant,…