Brady v. Mayor of New York
The Superior Court of New York City
Appeal from a-judgment entered on the report of a referee. The action was brought upon an alleged, special contract, which the complaint averred was entered into with the plaintiff by the defendants through James Furey, then street commissioner, on the 11th of August, 1854, whereby the plaintiff agreed to set the curb and gutter, and to flag a portion of Eighty-third-street (i. e., from the Third Avenue to Avenue A), in the city of ¡New York, in accordance with certain…
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Appeal from a-judgment entered on the report of a referee. The action was brought upon an alleged, special contract, which the complaint averred was entered into with the plaintiff by the defendants through James Furey, then street commissioner, on the 11th of August, 1854, whereby the plaintiff agreed to set the curb and gutter, and to flag a portion of Eighty-third-street (i. e., from the Third Avenue to Avenue A), in the city of ¡New York, in accordance with certain specifications annexed to the contract; and the defendants agreed to pay for the work, labor, and materials the following…
1Opinion of the Court
By the Court.*—Woodbuff, J.
—The referee has found, as a conclusion of law from the facts proved, that it was- the duty of the street commissioner (in his notice inviting proposals for the work directed to be done by the Common Council) to state the probable amount of rock excavation required, and to include that among the data by which the bids or proposals would be tested; and that he had no power, after excluding that part of the work from such data, to still go on and contract for its performance, and that the contract made by the street commissioner with the plaintiff was illegal and…
2Cases cited4 opinions
- Barber v. WinslowNew York Supreme Court · 1834
- Christopher & Tilton v. MayorNew York Supreme Court · 1852
- Boom v. City of UticaNew York Supreme Court · 1848
- Whitcomb v. GreenNew York Supreme Court · 1846