Lighton v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The pity of Syracuse, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 2d day of November, 1905, upon the decision of the court, rendered after a trial at the Onondaga Special Term, directing the specific performance of a contract to purchase real estate.
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Appeal by the defendant, The pity of Syracuse, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 2d day of November, 1905, upon the decision of the court, rendered after a trial at the Onondaga Special Term, directing the specific performance of a contract to purchase real estate. In November, 1899, the plaintiffs owned a lot in the city of Syracuse at the southwest corner of East Water and Montgomery streets. On the twenty-seventh day of that month a resolution was adopted by the common council of the city…
1Opinion of the Court
Spring, J.:
The judgment in the mandamus proceeding conclusively determined between the parties all the issues involved in it. (People ex rel. McCabe v. Matthies, 179 N. Y. 242, 248; Culross v. Gibbons, 130 id. 447.)
The mayor (Laws of 1898, chap. 182, § 4.7.; Laws of 1885, chap. 26, §§ 33, 40) and the city clerk were the executive^ officers charged with the duty of executing, said agreement on behalf of the city of Syracuse by the resolution of the -common, council,, and the judg-. ment against them is binding also upon the city.', (Ashton v. City of Rochester, 133 N. Y. 187, 197.)
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2Cases cited6 opinions
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- Baldwin v. SalterNew York Court of Chancery · 1840
- Nicklas v. KellerAppellate Division of the Supreme Court of the State of New York · 1896
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