Villiage of Senega Falls v. Botsch

The complaint in this action contains a verbatim copy of the bond sued upon, together with the usual averments as to failure of compliance, amount due, etc., and upon the bond itself depends the statement of a cause of action. Its recital is as follows:

“ Whereas, the said Frederick A. Botsch, Jr., con- ■ tracted with the People of the State of New York for the construction of a State Highway known as No. 5100, part of which runs through the Village of Seneca Falls, New York, for about one half mile on Ovid Street, which contract is completed and accepted, and final payment will be'made on…