McCann v. City of Albany
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Albany, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 1st day of July, 1895, upon the report of a referee. The action was brought to recover an alleged unpaid balance due the plaintiff upon his contract with the city for the construction of a large sewer, also for certain items of alleged extra work.
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Appeal by the defendant, The City of Albany, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 1st day of July, 1895, upon the report of a referee. The action was brought to recover an alleged unpaid balance due the plaintiff upon his contract with the city for the construction of a large sewer, also for certain items of alleged extra work. The terms of the contract, so far as they are necessary to be considered, are stated in the opinion. The plaintiff performed his contract and received the greater part of his…
1Opinion of the Court
Landon, J.:
The first objection urged by the defendant to the judgment recovered by the plaintiff is, that the defendant should have been allowed $6,900, forfeited by the defendant under this provision of his contract with the city that his work should “ be fully completed by or before May 1, 1888,” and that he would “ forfeit and pay to the city the sum of fifty dollars per day for each and every day after the 1st day of May, 1888, that said work shall remain uncompleted,” which sum was declared by the contract to be the damages which will result to .the city from such delay, and are hereby…
2Cases cited10 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
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3Cited by3 opinions
- Langley v. . RoussNew York Court of Appeals · 1906
- Davin v. City of Syracuse, New York County Courts1910
- Kuhs v. Flower City Tissue Mills Co.New York Supreme Court · 1918