Legal Opinion

McDonald v. Grout

New York Supreme Court

Decided October 15, 1902Published

Motion for a writ of mandamus. The material facts are stated in the opinion.

1Opinion of the CourtO’Gorman, J.

This is an application for a writ of mandamua requiring the comptroller of the city of Hew York to pay a voucher for $400,000 issued by the Rapid Transit Commission to the contractor for extra work for placing ducts in the tunnel. Under the contract for the construction of the underground rapid transit railway the city is to bear the cost of construction and the contractor is to take a lease of the road at a stipulated rental and bear the cost of its equipment and' maintenance. The contract provides that the motive power shall be electricity or compressed air, which shall be so used as to…

2Cases cited1 opinion

  1. In re the Board of Rapid Transit Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1896

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