Matter of Semper v. . Duffey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 8, 1919, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the state superintendent of highways to return a check deposited as security on a road contract. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 8, 1919, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the state superintendent of highways to return a check deposited as security on a road contract. The facts, so far as material, are stated in the opinion. The estimate sheet was no part of the plans or specifications, or of the contract, and the statements contained therein were not warranties or representations intended to be relied upon (W. Q. Asphalt Co. v. Carlisle,…
1Opinion of the CourtPound, J.
Relator was a bidder for the construction of a state highway. The estimate sheet exhibited by the state commissioner of highways to contractors indicated in entire good faith that the supply of stone necessary therefor could be obtained at Union Springs at ninety cents the cubic yard. That was a mistake, as relator discovered after making his bid. It could only be obtained elsewhere at a much higher cost. He refused to execute the contract and now seeks to recover a certified check for $1,450 which he deposited with his proposal, to become the property of the state if his proposal was…
2Cases cited1 opinion
- Faber v. . City of New YorkNew York Court of Appeals · 1918
3Cited by8 opinions
- Foundation Company v. . State of New YorkNew York Court of Appeals · 1922
- Belmar Contracting Co. v. . State of New YorkNew York Court of Appeals · 1922
- Weston v. State of New YorkNew York Court of Appeals · 1933
- Ferguson Contracting Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1922
- J. W. Brennan Construction Co. v. StateNew York Court of Claims · 1921
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