Diponio v. City of Garden City

Angelo DiPonio, plaintiff, as the lowest of several bidders, was awarded a contract to build certain extensions of the sewer system of the city of Garden City, defendant. The sewers previously built have been financed through an issue of $400,000 of revenue bonds, the interest and principal being payable from the rates collected from the users of the water and sewer facilities. Shortly after the previous sewers had been built and the issue of the revenue bonds, plaintiff and defendant executed a written contract dated July 8, 1943, in accordance with plaintiff’s bid. It provided for an…