Boon v. City of Utica
New York Supreme Court
Action by the plaintiffs, as residents and taxpayers of the city of Utica, to restrain the common council of said city from entering into contract for the paving of certain streets with asphalt pavement made in part out of pitch to be obtained from “ Pitch Lake in the Island of Trinidad,” or exclusively from any particular place, and not obtainable in the open market, upon the ground that such a contract would prevent competitive bidding, and thus be illegal and void, as…
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Action by the plaintiffs, as residents and taxpayers of the city of Utica, to restrain the common council of said city from entering into contract for the paving of certain streets with asphalt pavement made in part out of pitch to be obtained from “ Pitch Lake in the Island of Trinidad,” or exclusively from any particular place, and not obtainable in the open market, upon the ground that such a contract would prevent competitive bidding, and thus be illegal and void, as against public policy.
1Opinion of the CourtVann, J.
The plaintiffs base their right to relief in this action upon three propositions: First. That the specifications for the paving in question required the use of a particular kind of pitch, to be obtained from a particular place. Second. That none of that kind of pitch can be obtained from that *392place to be used for paving in Utica except by a certain company, which, having a monopoly of the material specified, is able to control prices and prevent competition. Third. That a controlling majority of the common council aided and favored that company by giving it the work at an extravagant price,…
2Cases cited6 opinions
- People v. North River Sugar Refining Co.New York Court of Appeals · 1890
- Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
- Dean v. CharltonWisconsin Supreme Court · 1869
- Nicolson Pavement Co. v. PainterCalifornia Supreme Court · 1868
- Warrin v. . BaldwinNew York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grace v. ForbesNew York Supreme Court · 1909
- Knowles v. City of New YorkNew York Supreme Court · 1902
- Larned v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1897
- Berghoffen v. City of New YorkNew York Supreme Court · 1900