McGovern v. City of New York

Laughlin, J.:

This action was brought to recover a balance claimed to be owing under a contract in writing made between the plaintiff McGovern and the defendant by the Public Service Commission, First District, on the 13th day of February, 1912, for the construction of section 9, route 5, of the Lexington Avenue subway in the borough of Manhattan between a point fifty feet north of the center line of East Sixty-seventh street and a point seventy feet south of the center line of East Seventy-ninth street, and for damages for breaches thereof. The contract was duly assigned to the plaintiffs…