McCann v. . City of Albany
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 2, 1896, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover an alleged unpaid balance due the plaintiff upon his contract with the defendant for the construction of a public sewer, and also to recover for certain items of alleged extra work.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 2, 1896, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover an alleged unpaid balance due the plaintiff upon his contract with the defendant for the construction of a public sewer, and also to recover for certain items of alleged extra work. The facts, so far as material, are stated in the opinion. The defendant acted simply as the agent of the owners of property liable to be assessed to defray the expense of…
1Opinion of the Court
Parker, Ch. J.
In October, 1884, one Keenan entered into a contract with the defendant to construct a sewer, and began work upon it; but after a short time, for reasons that are of no moment upon this review, he refused to go on under his contract and steps were thereafter regularly and duly-taken, with the result that a contract was entered into between the city and this plaintiff for the construction of the sewer.
The ordinance authorizing the making of the contract, among other things, provided that nothing therein contained should “ be held to create any liability on the part of the city of…
2Cases cited4 opinions
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
- Hunt v. . City of UticaNew York Court of Appeals · 1858
3Cited by4 opinions
- Wood v. Niagara Falls Paper Co.Court of Appeals for the Second Circuit · 1903
- Corrigan Co. Mechanical Contractors, Inc. v. FleischerMissouri Court of Appeals · 1967
- Davin v. City of Syracuse, New York County Courts1910
- Miller v. MacFarlaneSupreme Court of Connecticut · 1922