People Ex Rel. Graves v. . Sohmer
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1912, which reversed solely on a question of law an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to draw and deliver to relator a warrant on the state treasurer for the payment of an amount alleged to be due under a contract for public work.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1912, which reversed solely on a question of law an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to draw and deliver to relator a warrant on the state treasurer for the payment of an amount alleged to be due under a contract for public work. May 26, 1910, the relator and the state contracted, under the authority of chapter 147 of the Laws of 1903, known as the barge canal act, and the amendatory acts, that the relator…
1Opinion of the CourtCollin, J.
It is assumed by the parties that corruption, fraud, bad faith or collusion did not enter into the change in the contract eliminating the performance of that which had not been performed and providing for the work and material added by it. The integrity and accuracy of the estimates of the state engineer and the certificates of the state engineer and superintendent of public works are conceded by them. The statutory provisions involved in the transactions have been complied with. The attorney general, in behalf of the respondent, denominates the change as “a blunder” and “a mistake” on the…
2Cases cited4 opinions
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- Danolds v. . the State of New YorkNew York Court of Appeals · 1882
- People Ex Rel. Grannis v. . RobertsNew York Court of Appeals · 1900
- Quayle v. . State of New YorkNew York Court of Appeals · 1908
3Cited by23 opinions
- Jackson v. StateAppellate Division of the Supreme Court of the State of New York · 1924
- Henry Shenk Co. v. Erie CountySupreme Court of Pennsylvania · 1935
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
- Wunderlich v. State Highway CommissionMississippi Supreme Court · 1938
18 more not listed; retrieve them via the Exa API.