Uvalde Asphalt Paving Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of June, 1907, upon the decision of the court rendered after a trial at ■ the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Rich, J.:
The only question requiring our consideration is whether the contract upon'which the plaintiff has recovered is entire or divisible. The learned trial justice has held that the agreement upon which the action is brought contained two contracts, one for the construction of the sewer and its' appurtenances, and the other for the construction of a disposal plant, each of which was separate and distinct from the other ; that the former was valid and binding on the parties and the other void. The plaintiff has been permitted to recover the damages it has sustained through the breach of…
2Cases cited4 opinions
- Knowles v. American Insurance Co. of BostonNew York Supreme Court · 1892
- White v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1902
- Silberman v. FretzNew York Supreme Court · 1896
- White v. . LivingstonNew York Court of Appeals · 1903
3Cited by1 opinion
- Hart v. . City of New YorkNew York Court of Appeals · 1911