Brockport-Holley Water Co. v. Village of Brockport
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 6, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to fulfill its contract, and was not entitled to recover.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 6, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to fulfill its contract, and was not entitled to recover. (People v. N. R. W. Co., 38 N. Y. S. R. 92; Bank of Montreal v. Recknagel, 109 N. Y. 482; Oakley v. Morton, 11 N. Y. 25; Roberts v. Opdyke, 40 N. Y. 259; Glacius v. Black, 50 N. Y. 145; Weeks v. O’Brien, 141 N. Y. 199; Sager v. Gonnermann,…
1Opinion of the CourtHaight, J.
The plaintiff is a public service domestic corporation and brings this action to recover from the defendant, a municipal corporation, the contract price for the rental value of hydrants and the water supplied for fire and other services. The complaint contains two counts, one based upon contract and the other for the value of the services rendered and water supplied. The answer denies performance of the contract on the part of the plaintiff and alleges a counterclaim for money expended in procuring an engine and operating the same.
The contract under which the plaintiff seeks to recover…
2Cited by2 opinions
- Donemar, Inc. v. MolloyNew York Court of Appeals · 1930
- Lederman v. New York City Transit AuthorityNew York Supreme Court · 1962