Clark v. Mayor of New-York
New York Supreme Court
This was an action of assumpsit, tried before referees, bj whom a report was made in favor of the plaintiffs for $50,959,06, In November, 1838, a contract was entered into between the plaintiffs of the one part, and “the Water Commissioners of the city of New-York” of the other part, whereby the plaintiffs agreed to construct, according to specifications annexed to the contract, section 06 of the Croton aqueduct, including the receiving reservoir.
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This was an action of assumpsit, tried before referees, bj whom a report was made in favor of the plaintiffs for $50,959,06, In November, 1838, a contract was entered into between the plaintiffs of the one part, and “the Water Commissioners of the city of New-York” of the other part, whereby the plaintiffs agreed to construct, according to specifications annexed to the contract, section 06 of the Croton aqueduct, including the receiving reservoir. It was provided in the contract that the plaintiffs should make “ any alterations in the form, dimensions* or materials of said work which might be…
1Opinion of the CourtHarRis, J.
It is now judicially settled that the water commissioners were the agents of the defendants. (Bailey v. The Mayor, &c. of the city of New- York, 3 Hill, 531. S. C. in the court for the correction of errors, 2 Denio, 433. Appleton v. The Water Commissioners, 2 Hill, 432.) So far as the commissioners act within the scope of their powers, the defendants are liable, for their acts. The contract in question was signed by Stephen Allen, chairman of the commissioners on their behalf. It may have been imperfectly executed, but it was subsequently recognized and adopted by the defendants. *291They paid…
2Cases cited3 opinions
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