Weston v. . City of Syracuse
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 12, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 12, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The plaintiff, the survivor of his deceased partner, Charles TJtting, brought this action to recover a balance tliat he alleged was due upon a contract entered into between the firm of Weston & Utting and the city of Syracuse for the construction of what is generally known as the Kennedy street sewer. The contract was executed in November, 1889, and…
1Opinion of the Court
Parker, Ch. J.
On this review it must be taken as established by the verdict of the jury that the plaintiffs substantially performed their contract with the defendant, except as to the construction of the first 1,453 feet of the sewer, the work upon which was done prior to the investigation by the common council. That investigation resulted in a resolution waiving performance so far as the work done was not in conformity with the plans and specifications, and modifying the contract to the extent that it should be in conformity with the work already done. The trial court decided that the…
2Cases cited20 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
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3Cited by36 opinions
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- Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Alsmeier v. AdamsIndiana Court of Appeals · 1914
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- Gray v. City of Santa FeCourt of Appeals for the Tenth Circuit · 1937
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