People ex rel. Vaughn v. Board of Supervisors
New York Supreme Court
Appeal from special term, Rensselaer county. Patrick Vaughn and Patrick Burke, partners under the name of Vaughn & Burke, built 1,116 feet of fence on the property of said county, and presented to the board of supervisors their bill therefor, claiming $2.95 per lineal foot, that being alleged to be the price under a contract made with a committee of. said board.
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Appeal from special term, Rensselaer county. Patrick Vaughn and Patrick Burke, partners under the name of Vaughn & Burke, built 1,116 feet of fence on the property of said county, and presented to the board of supervisors their bill therefor, claiming $2.95 per lineal foot, that being alleged to be the price under a contract made with a committee of. said board. The latter audited the claim at $1.50 -per foot, and Vaughn & Burke obtained an alternative writ of mandamus requiring the board to pay the full amount of the claim, or show cause against the same. The board denied the existence of…
1Opinion of the CourtLandon, J.
The trial court found, in substance, that the relators had no valid contract with the board of supervisors, under which they sought an audit at the alleged contract price, and now seek by mandamus to compel such an audit. The relators did have a contract signed by the chairman of the committee of the board of supervisors on lands and buildings, in which the board is recited as the contracting party. An examination of the authority vested by the board in this committee shows that it was limited to authority *601“to advertise for sealed proposals for certain work to be let to the lowest responsible…
2Cases cited3 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Birdsall v. . ClarkNew York Court of Appeals · 1878
- Thompson v. . SchermerhornNew York Court of Appeals · 1851
3Cited by5 opinions
- People Ex Rel. Hirschberg v. Board of SupervisorsNew York Court of Appeals · 1929
- Shilbury v. Board of SupervisorsNew York Supreme Court · 1967
- County of Hawaii v. PurdyHawaii Supreme Court · 1914
- United States Trust Co. v. . BlakeNew York Court of Appeals · 1922
- Wadsworth v. ErwinNew York Supreme Court · 1925