Baldwin v. City of Oswego
New York Court of Appeals
William Baldwin (for whom, on his death pending the action, Charles L. Baldwin and Willard Johnson, administrators, were substituted as plaintiffs), sued the city of Oswego in the supreme court upon a contract made between him and the' city, May 22, 1854, by which Baldwin agreed to excavate and deepen the Oswego river, on the west side, within certain limits, in the city of Oswego, for the considerations expressed in the written agreement, to be paid by the defendants.
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William Baldwin (for whom, on his death pending the action, Charles L. Baldwin and Willard Johnson, administrators, were substituted as plaintiffs), sued the city of Oswego in the supreme court upon a contract made between him and the' city, May 22, 1854, by which Baldwin agreed to excavate and deepen the Oswego river, on the west side, within certain limits, in the city of Oswego, for the considerations expressed in the written agreement, to be paid by the defendants. The principal ground of defense was, that the defendants had no power or authority to make the contract, and that they were…
1Opinion of the Court
Denio, Ch. J.
The contract under which the services were performed for which compensation is claimed, provides for the prosecution of the work during the year in which it was made, and through the next year, and a portion of the following year, the compensation to be paid monthly, and the final pay*65ment when the work should be completed. Hence the defendant’s counsel takes the position that the contract was unlawful and void, for transcending a provision of the charter, which is in these words: “ The said council shall not create any pecuniary obligation whatever on the part of the city which…
2Cases cited9 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
- Lake v. Trustees of the Village of WilliamsburghNew York Supreme Court · 1847
- Hunt v. . City of UticaNew York Court of Appeals · 1858
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3Cited by6 opinions
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Bigler v. Mayor of New YorkNew York Supreme Court · 1877
- McCann v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1896
- Davidson v. Village of White PlainsAppellate Division of the Supreme Court of the State of New York · 1907
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
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