Brady v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made May 5, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action brought by plaintiff, as assignee of John Brady, to recover upon a contract made by the assignor with defendant for regulating and grading Ninety-fifth "Street in the city of New York, from Tenth avenue to Riverside Drive.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made May 5, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action brought by plaintiff, as assignee of John Brady, to recover upon a contract made by the assignor with defendant for regulating and grading Ninety-fifth "Street in the city of New York, from Tenth avenue to Riverside Drive. The facts, so far as material, are stated in the opinion. Complete performance of the work specified in the contract is an imperative…
1Opinion of the CourtParker, J.
The judgment under review awards to the plaintiff, as assignee of one John Brady, the sum of $42,792.35, adjudged to be due under a contract between John Brady and the defendant, by which it was provided that Brady should regulate and grade 95th street, from Tenth avenue to River street drive, for which he was to receive $8 per cubic yard for excavating earth ; one-fourth of a cent per cubic yard for excavating rock; and one-fourth of a cent per lineal foot for furnishing and setting curbstones, and for furnishing and laying flagging per square foot, one-fourth of a cent.
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2Cases cited1 opinion
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
3Cited by9 opinions
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
- Martindale v. Town of RochesterIndiana Supreme Court · 1908
- Hart v. . City of New YorkNew York Court of Appeals · 1911
- Weston v. City of SyracuseNew York Supreme Court · 1894
- Frazier-Davis Construction Co. v. GerosaAppellate Division of the Supreme Court of the State of New York · 1958
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