Faber v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 14, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term after a verdict had been rendered fixing the value of the work for which recovery was sought. The nature oi' the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 14, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term after a verdict had been rendered fixing the value of the work for which recovery was sought. The nature oi' the action and the facts, so far as material, are stated in the opinion. The plaintiff is clearly entitled to recover damages to the extent that they resulted from errors or misrepresentations in contract plan No. 63. (Horgan. v. Mayor, etc., 160…
1Opinion of the CourtAndrews, J.
On October 28, 1896, the commissioners of the new East river bridge entered into a contract with Patrick H. Flynn for constructing the foundations of the New York tower of the bridge. . The contractor agreed to complete the work in accordance with certain plans and specifications. One of the plans so mentioned was No. 63, which showed details of the piers. The contractor was to receive for the ^completed work described in the contract and shown by the plans and specifications, the sum of $367,000—such being in full for all labor and materials in case the excavation was carried down to the…
2Cases cited8 opinions
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
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3Cited by111 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- Funkhouser v. J. B. Preston Co.Supreme Court of the United States · 1933
- Kansas v. ColoradoSupreme Court of the United States · 2001
- Michelsen v. PenneyCourt of Appeals for the Second Circuit · 1943
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
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