Delafield v. Village of Westfield
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff and the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Chautauqua on the 18.th day of May, 1898, upon the report of a referee, separately stating the facts found and the conclusions of law. The defendant is an incorporated village of this State, and in 1889, pursuant to chapter 181 of the Laws of 1875, and the acts amendatory thereof, entered upon the construction of a system of water works.
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Cross-appeals by the plaintiff and the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Chautauqua on the 18.th day of May, 1898, upon the report of a referee, separately stating the facts found and the conclusions of law. The defendant is an incorporated village of this State, and in 1889, pursuant to chapter 181 of the Laws of 1875, and the acts amendatory thereof, entered upon the construction of a system of water works. April 16, 1889, the defendant published its general plans and specifications, and advertised that it would receive…
1Opinion of the Court
Follett, J.:
This action has been twice tried. On the first trial the referee held that the defendant was not required by the contract to pay on the tenth day of each month ninety per cent of the value of all materials furnished and labor performed during the preceding month, but was bound to pay only ninety per cent of the value of such work as had been fully completed and of materials used in completed work. The referee also held that the 'provision in defendant’s proposals, “ The vitrified pipe line is mostly and the tunnels are entirely to be in soft shale rock,” was not binding on the…
2Cases cited4 opinions
- Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Delafield v. Village of WestfieldNew York Supreme Court · 1894
- Gray v. Central R. Co. of New JerseyNew York Supreme Court · 1895
3Cited by15 opinions
- Hansen v. CovellCalifornia Supreme Court · 1933
- Excelsior Terra Cotta Co. v. . HardeNew York Court of Appeals · 1905
- Sweeny v. . City of New YorkNew York Court of Appeals · 1903
- Manning v. ClarkSupreme Court of Florida · 1956
- Excelsior Terra Cotta Co. v. HardeAppellate Division of the Supreme Court of the State of New York · 1904
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