People ex rel. Gaffey v. Fobes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alan 0. Fobes, as mayor, etc., and others, constituting and composing the board of contract and supply of the city of Syracuse, N. Y,, from an order of the Supreme Court, made at Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 26th day of July, 1910, granting a peremptory writ of mandamus, and also from a judgment of the Supreme Court in favor of the relator, entered in the said clerk’s office on the…
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Appeal by the defendants, Alan 0. Fobes, as mayor, etc., and others, constituting and composing the board of contract and supply of the city of Syracuse, N. Y,, from an order of the Supreme Court, made at Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 26th day of July, 1910, granting a peremptory writ of mandamus, and also from a judgment of the Supreme Court in favor of the relator, entered in the said clerk’s office on the same day. The peremptory writ of mandamus required the- defendants to award to the relators the contract for paving a…
1Opinion of the Court
Foote, J.:
Defendants are the mayor and other subordinate public officers of the city of Syracuse. As such they constitute the board of contract and supply. As such board they received bids on July 19, 1909, for paving Marcellus street, the common council by ordinance having determined that a new pavement should be laid in that street. Relators submitted a bid, as did a number of others, and claim to have been the lowest bidders, and, hence, entitled to have the contract awarded to them. This claim has been sustained by the court at Special Term.
The material facts out of which the controversy…
2Cases cited4 opinions
- East River Gas-Light Co. v. . DonnellyNew York Court of Appeals · 1883
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905
- Walsh v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
3Cited by5 opinions
- Zara Contracting Co. v. CohenNew York Supreme Court · 1964
- Warren Bros. v. CranerAppellate Division of the Supreme Court of the State of New York · 1968
- Walker v. BroderickNew York Supreme Court · 1931
- Klevens v. City of YonkersNew York Supreme Court · 1959
- Seacoast Construction Corp. v. Lockport Urban Renewal AgencyNew York Supreme Court · 1972