Bergen v. City of New Orleans

The opinion of the Court was delivered by

Manning, J.

The plaintiff contracted with the City to clean and repair the streets of the Third District for two years commencing July 1, 1877, for the price and sum of fourteen thousand seven hundred and fifty dollars per annum, payments thereof to be made cash by the City monthly, except that ten per cent, of each monthly payment was to he retained as guarantee.

The City did not pay the instalments later than June, 1878. The contractor continued his work until Dec. 17th following, when he formally notified the City that its failure to pay him as…