Alexander v. Village of Tupper Lake

Appeal from an order of the Supreme Court at Special Term which denied defendant’s motion to dismiss for insufficiency the complaint in an action brought to recover the amount of the cheek which plaintiff deposited with his bid for a construction contract as assurance that he would enter into the contract, should he become the successful bidder, and would furnish security for faithful performance. Plaintiff was awarded the contract and signed it but the defendant village refused to allow him to perform it inasmuch as he failed to provide the performance bond required by the bid…