McMaster v. . the State of New York
New York Court of Appeals
Appeal from award made by the Board of Claims on the 4th day of May, 1887, in favor of the claimant. The claim herein was for damages by reason of the breach by the state of two contracts for work and materials for building the Buffalo State Asylum for the Insane.
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Appeal from award made by the Board of Claims on the 4th day of May, 1887, in favor of the claimant. The claim herein was for damages by reason of the breach by the state of two contracts for work and materials for building the Buffalo State Asylum for the Insane. The asylum was established by the act, chapter 378 of the Laws of 1870, in pursuance of which plans and specifications were duly made and adopted for the construction of a central or administration building, five male wards designated A, B, C, D and E, five female wards designated in the same way and certain out-buildings,…
1Opinion of the CourtEabl, J.
There is no contention on the part of the state-that the award in this case is excessive, provided it is free from the objections which it makes thereto. Its claim is that, there was no liability whatever on its part for any of the-damages embraced in the award. It will conduce to perspicuity and brevity to consider the various objections under-separate heads.
(1.) The furnishing contract required the contractors to-furnish the stone of the quality known as hard sandstone for the exterior facings of the walls of the asylum buildings, and the cutting contract required them to cut such stone.…
2Cases cited5 opinions
- White v. . MillerNew York Court of Appeals · 1877
- United States v. SmithSupreme Court of the United States · 1877
- United States v. SpeedSupreme Court of the United States · 1869
- Clark v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Wilson v. . RandallNew York Court of Appeals · 1876
3Cited by51 opinions
- Equimark Commercial Finance Company v. C.I.T. Financial Services Corporation (Formerly Universal C.I.T. Credit Corporation)Court of Appeals for the Third Circuit · 1987
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Hensler v. City of Los AngelesCalifornia Court of Appeal · 1954
- Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
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