Legal Opinion

Brady v. . Mayor, Etc., of New York

New York Court of Appeals

Decided March 5, 1889PublishedCited by 4 opinions

Appeal from order of the General Term of the Superior Court of the city of New York, made June 23, 1887, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Reported below, 23 J. & S. 45.) This action was brought to recover $975, the agreed price for certain extra work done by plaintiff.

Read the full summary

Appeal from order of the General Term of the Superior Court of the city of New York, made June 23, 1887, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Reported below, 23 J. & S. 45.) This action was brought to recover $975, the agreed price for certain extra work done by plaintiff. The court found, in substance, these facts: In 1883 plaintiff entered into a contract with the department of public parks of the city of New York for the erection of a restaurant at Mount St. Vincent, Central Park. According to the specifications,…

1Opinion of the CourtFinch, J.

The reversal by the General Term is sought to be sustained by two propositions argued on behalf of the city; first, that no necessity existed for the change authorized by the new or supplemental contract, and second, that it involved an expenditure of more than $1,000, and so, was invalid, unless submitted to public competition. Our judgment is adverse to both propositions.

The law requiring contracts on behalf of the' city to be founded on sealed bids or proposals describes its own applicar tian thus: “ Whenever any work is necessary to be done to complete or perfect a particular job, or any…

2Cited by4 opinions

  1. Nalore v. BakerAppellate Division of the Supreme Court of the State of New York · 1935
  2. In re BeckAppellate Division of the Supreme Court of the State of New York · 1938
  3. Beck v. FineganNew York Supreme Court · 1937
  4. Snyder v. HylanNew York Supreme Court · 1918

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API