Abells v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 1st day of June, 1895, upon the decision of the court rendered after a trial at the Onondaga Special Term.
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Appeal by the defendant, The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 1st day of June, 1895, upon the decision of the court rendered after a trial at the Onondaga Special Term. The action was commenced on the 13th of August, 1894, and the plaintiff recovered $1,189.11 damages and costs for materials furnished and labor, performed in grading Boyden street in the city of Syracuse.
1Opinion of the Court
Ward, J.:
The complaint in this action, alleged that a firm, Abells & Strong, in June, 1893, entered into a contract with the defendant (the city *503of Syracuse), whereby it was agreed that Abells & Strong should grade Boyden street in that city from line to line, from Pattison street to Teall avenue, according to specifications made, for which grading, labor and materials furnished by them the defendant agreed to pay thirty-three cents per cubic -yard for all excavations, and thirty-three cents per cubic yard for all embankments — such payment to be made as the work progressed, upon estimates to…
2Cases cited7 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Smith v. . City of NewburghNew York Court of Appeals · 1879
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
- Weston v. City of SyracuseNew York Supreme Court · 1894
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3Cited by22 opinions
- Joseph F. Egan, Inc. v. City of New YorkNew York Court of Appeals · 1966
- North River Electric Light & Power Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Vermeule v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1919
- Kilby Mfg. Co. v. Hinchman-Renton Fire Proofing Co.Court of Appeals for the Eighth Circuit · 1904
- Vandeweghe v. City of New YorkNew York Supreme Court · 1934
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