Legal Opinion
Smith v. . the Mayor, C., of New-York
New York Court of Appeals
Decided September 5, 1853PublishedCited by 9 opinions
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The allegation in the complaint, that the contract became and was duly awarded to the plaintiff as the lowest bidder, is put in issue by the answer and is not proved. If the allegation means only to assert the fact as a mere conclusion of law, the breach complained of is not a legitimate deduction from the premises. The complaint…
2Cited by9 opinions
- Allen v. EberlingAppellate Division of the Supreme Court of the State of New York · 1965
- People ex rel. Navano v. Van NortNew York Supreme Court · 1872
- People Ex Rel. J.B. Lyon Co. v. . McDonoughNew York Court of Appeals · 1903
- In re the Protestant Episcopal Public SchoolNew York Supreme Court · 1870
- Herrick Electrical Contracting Co. v. County of SuffolkNew York Supreme Court · 1957
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