Jones v. Judd
New York Court of Appeals
James Jones and Edward Jones sued Judd in the common pleas of Cattaraugus county, for the price of work and labor. The defendant contracted with the state to complete certain sections of the Genesee Valley Canal.
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James Jones and Edward Jones sued Judd in the common pleas of Cattaraugus county, for the price of work and labor. The defendant contracted with the state to complete certain sections of the Genesee Valley Canal. On. the 14th. of September, 1840, he entered into a sub-contract with the plaintiffs for a part of the same work, by which he agreed to pay them seven cents per yard for excavating and eight cents for embankment, monthly, according to the measurement of the engineers, except ten per cent which was not to be paid until the final estimate. The work on the canal, including that on which…
1Opinion of the CourtGardiner, J.
The plaintiffs were stopped in the prosecution of the work, in fulfilment of their contract, by the authority of the state officers. Before this injunction was removed, the law of March 29, 1842, for preserving the credit of the state, was passed, which put an end to the original contract, and the agreement between the plaintiffs and defendant which grew out of it. (3 Mass. Rep. 331; Doughty v. Neal, 1 Saund. R. 216, note b, 5th ed.; 10 John. 28.)
As the plaintiffs were prevented, by the authority of the state, from completing their contract, they are entitled to recover for the work…
2Cases cited3 opinions
- Blanchard v. ElyNew York Supreme Court · 1839
- Linningdale v. LivingstonNew York Supreme Court · 1813
- Taylor v. LowellMassachusetts Supreme Judicial Court · 1807
3Cited by21 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1894
- Dolan v. . RodgersNew York Court of Appeals · 1896
- Zimmer v. . SettleNew York Court of Appeals · 1891
- United Glass Co. v. . VaryNew York Court of Appeals · 1897
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
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