Montgomery v. Mayor of New York

The plaintiffs, as co-partners, entered into a contract with the defendants for constructing a sewer and appurtenances in East 152d street. This action was brought Lo re cover upon two causes of action alleged by the plaintiffs to arise under the contracts mentioned. Under the direction of the court the plaintiffs recovered their claim under the first cause of action. There is no appeal from this portion of the judgment by either of the parties. The learned trial court dismissed the complaint as to the second cause of action, and the judgment having been entered, accordingly, the plaintiffs…