Allamon v. Mayor of Albany
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover damages for an alleged breach of a contract made and entered into between the plaintiff and the defendants on the 15th day of March, 1856, by which the plaintiff agreed, for a certain sum to be paid him, to do all the carpenter’s work upon a school house to be erected in the ninth ward of the city of Albany, and to furnish and use all the requisite materials necessary to be…
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover damages for an alleged breach of a contract made and entered into between the plaintiff and the defendants on the 15th day of March, 1856, by which the plaintiff agreed, for a certain sum to be paid him, to do all the carpenter’s work upon a school house to be erected in the ninth ward of the city of Albany, and to furnish and use all the requisite materials necessary to be furnished, &c. The contract contained.a covenant, which was as follows: “And will commence said work and will proceed therewith…
1Opinion of the Court
By the Court,
Miller, J.
By the terms of the contract between the plaintiff and the defendants, for a breach of which a recovery was had in this action, no definite time was fixed for the completion of the plaintiff’s work under it, but it contained a covenant by which the plaintiff was bound “to commence said work and proceed therewith without delay, and in such manner as not to delay the contractor for the mason work.” It will be observed that here was a positive engagement on the part of the plaintiff as to the manner in which he was to proceed with the performance of the work he had agreed…
2Cases cited2 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Skinner v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1819
3Cited by19 opinions
- Norcross v. . WillsNew York Court of Appeals · 1910
- Sanitary District of Chicago v. McMahon & Montgomery Co.Appellate Court of Illinois · 1903
- Mack v. StateNew York Court of Claims · 1923
- Weeks v. Rector, Churchwardens & VestrymenAppellate Division of the Supreme Court of the State of New York · 1900
- Shute v. HamiltonNew York Court of Common Pleas · 1871
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