Legal Opinion

O'Connell Electric Co. v. Village of Macedon

New York Supreme Court

Decided December 27, 1949PublishedCited by 2 opinions

1Opinion of the CourtCribb, J.

This is a motion hy the defendant for dismissal of the complaint upon the grounds that it does not state facts sufficient to constitute a cause of action.

The complaint alleges the execution of a contract by the parties providing for the furnishing by plaintiff to defendant of certain materials and services at an agreed price. It further alleges that plaintiff fully performed all the conditions of the contract on its part to be performed, and that the defendant has failed to pay an alleged balance due on the contract in the amount of $1,500. The contract was in the form of a written offer by…

2Cases cited5 opinions

  1. First National Bank v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1933
  2. Arnold v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1910
  3. Traub v. Arrow Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1923
  4. Arnold v. . Village of North TarrytownNew York Court of Appeals · 1911
  5. Agresta v. Federal Steam Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1915

3Cited by2 opinions

  1. Dour v. Village of Port JeffersonNew York Supreme Court · 1976
  2. Wedtech Corp. v. Denlinger (In Re Wedtech Corp.)United States Bankruptcy Court, S.D. New York · 1990

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