Spitzer v. Village of Fulton
New York Supreme Court
Demubbeb to complaint. The defendant demurs to the complaint herein, for the ground that it appears, on the face thereof, that said complaint does not state facts sufficient to constitute a cause of action. The facts are fully stated in the opinion.
1Opinion of the CourtScripture, J.
This action is brought to recover the sum of $1,000, deposited with the defendant, together with a bid for $115,000 registered bonds of the village of Fulton, which were advertised to be sold to the person who would take the same at the lowest rate of interest. The $1,000, under the terms of the contract, was to be returned to the plaintiffs upon the award of the bonds, provided their proposal was not accepted, “ otherwise to be retained by you until the delivery of the bonds and payment therefor, as stated above, and to be retained for, and as liquidated damages in case of our failure to…
2Cases cited18 opinions
- People v. . WestNew York Court of Appeals · 1887
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- The People v. . the Home Insurance Co.New York Court of Appeals · 1883
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
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