Taylor v. Mayor, Aldermen Commonalty, N.Y.
New York Court of Appeals
This action was brought to recover a balance alleged to be due plaintiff on a contract for work in constructing certain sewers. The answer set up a counter-claim for damages for breach of contract. The contract contained a clause authorizing defendant, in case of failure on the part of plaintiff to complete the work, to go on and complete it and charge the expense of completion to plaintiff.
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This action was brought to recover a balance alleged to be due plaintiff on a contract for work in constructing certain sewers. The answer set up a counter-claim for damages for breach of contract. The contract contained a clause authorizing defendant, in case of failure on the part of plaintiff to complete the work, to go on and complete it and charge the expense of completion to plaintiff. Plaintiff having failed to complete the contract, defendant under this clause contracted for its completion with one Hackett; the latter also failed to perform his contract, and the work was again let to…
1Opinion of the Court
Per curiam opinion for affirmance of order and for judgment absolute against plaintiff.
All concur.
Order affirmed and judgment accordingly.
2Cited by5 opinions
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- Dahlberg v. GirschCalifornia Supreme Court · 1910
- Ferdinand v. Mayor of New YorkNew York Supreme Court · 1891
- Washburn v. DettingerNew York Supreme Court · 1894