Legal Opinion

Brewster v. City of Hornellsville

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 7 opinions

Appeal by the defendant, The City of Hornellsville, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 3d day of November, 1897, upon the report of a referee.

1Opinion of the Court

Hardin, P. J.:

Plaintiff’s complaint alleges that a contract, bearing date the 28th day of June, 1894, was entered into between William E. Warren and the defendant, whereby the said Warren agreed to pave portions of: Seneca street, Canisteo street, Broad street and Loder street in said city,' for which the defendant agreed to pay :

“ For all excavations, per eu. yd., twenty-seven cents (27c.).
“ For pavement with concrete foundation, per sq. yd., one dollar and sixty-three cents ($1.63).
“ For stone curbing, furnished and set, per lin. ft., thirty-nine cents (39c.):
“ For circular curb corners,…

2Cases cited2 opinions

  1. Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
  2. Hackett v. CampbellAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by7 opinions

  1. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  2. Pulaski Stave Co. v. Miller's Creek Lumber Co.Court of Appeals of Kentucky · 1910
  3. Canister Co. v. National Can CorporationDistrict Court, D. Delaware · 1947
  4. Rosengardt v. Muhlfelder Co.New York Supreme Court · 1958
  5. Pacific Gas & Electric Co. v. Universal Electric & Gas Co.California Court of Appeal · 1928

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