Spencer, White & Prentis, Inc. v. City of New York

Plaintiff, the successful bidder for a unit price contract with defendant City in construction of a section of the Sixth Avenue subway, seeks recovery herein, after completion of the work, under various causes and theories of action.

The first cause is for items claimed to be due and unpaid under the contract. It has been stipulated that plaintiff is entitled in this cause to recover $81,195.64. The amount of other items is conceded but the right to recovery is disputed. These items will be considered seriatim.(1) I disallow the extra charge for cast iron rather than vitrified pipe ($196.30);…