Bewley v. City of Lockport

The written order, Exhibit 2, was intended as an order for an extra, but as such was not in compliance with the contract, as it was not approved by the city council. The plaintiff, therefore,- cannot recover upon the contract as for an- extra.- The city engineer was' not shown to have authority to order this work done. Therefore, the plaintiff cannot recover the value of the work done on the order of the city engineer and independent of the contract. There is an absence of proof of a breach of the contract by the city under the principle stated in Borough Const. Co. v. City of New York (200…