Acme Road Machinery Co. v. Town of Bridgewater
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Bridgewater, from a judgment of the Supreme Court in favor of the plaintiff, entered in thé office of the clerk of the county of Herkimer on the 28th day qf November, 1903, upon the report of a referee. The action was brought to recover the contract price, of a road machine alleged to have been sold by the plaintiff to" the commissioner of highways of the defendant town.
1Opinion of the Court
Spring, J.:
Section 6 of the Highway Law (Laws of 1890, chap. 568) was amended by- chapter 155 of the Laws of Í898 as follows: “The commissioner, or commissioners of highways may also, with the approval of the town board, purchase and hold for the. use Of the town at large, one or more road machines and pay for the same with inonéy appropriated and set apart for highway purposes.” ,
In 1902 Milton Tripp was" the commissioner of highways of the defendant. In" March of that year the said commissioner purchased of the plaintiff, a manufacturing corporation, a Fort'Wayne road machine for $225,…
2Cases cited5 opinions
- Hover v. BarkhoofCommission of Appeals · 1870
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- Marsh v. . Town of Little ValleyNew York Court of Appeals · 1876
- Bennett v. Town of OgdenAppellate Division of the Supreme Court of the State of New York · 1903
- Town of Saranac v. Groton Bridge & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- New Paltz, Highland & Poughkeepsie Traction Co. v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 1922