Gaffey v. Town of Newfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Albert Gaffey and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tompkins on the 18th day of December, 1913, dismissing plaintiffs’ complaint on the merits upon the pleadings, and also from the order entered in said clerk’s office on the 17th day of December, 1913, directing such dismissal.
1Opinion of the Court
Kellogg, J.:
The plaintiffs brought this action against the town to recover the contract price for building a bridge, or concrete arch, with a span of more than five feet, over Newfield creek in the town of Uewfield, and to recover for fifty-two yards of extra concrete work at a price of ten dollars per cubic yard as fixed by such contract.
The defendant answered, denying some of the allegations of the complaint, And alleging that the work was not done according to contract, and alleging as a counterclaim that on account of the improper construction of the bridge it was unsuitable for the…
2Cases cited3 opinions
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- Peck v. Town of CatskillAppellate Division of the Supreme Court of the State of New York · 1907