Mayor of New-York v. Butler
New York Supreme Court
Error to the superior court of the city of New-York. An agreement was entered into on the 11th of May, 1835, between Butler, the defendant in error, and the mayor, aldermen and commonalty of the city of New-York, for the erection and completion by the former, of a certain public building called the Halls of Justice, upon the plan, and for the sum of money, therein specified.
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Error to the superior court of the city of New-York. An agreement was entered into on the 11th of May, 1835, between Butler, the defendant in error, and the mayor, aldermen and commonalty of the city of New-York, for the erection and completion by the former, of a certain public building called the Halls of Justice, upon the plan, and for the sum of money, therein specified. And it was further agreed that in case any alteration in the form, proportions, or construction of the building, or work, as described in the specification and drawings should be determined upon by the superintendent or…
1Opinion of the CourtStrong, P. J.
It is objected by the defendant in error, that the selection of an umpire by the appraisers appointed by the parties was premature. If the question had not been settled adversely to this objection, I should have thought it entitled to great consideration. It was certainly intended by the parties that the appraisal should be made by the individuals selected by them, if possible, before requiring the interposition of another. They were bound, as I conceive, to make the attempt to agree. Had they done so without first calling in a third person, possibly they might have concurred. The umpire,…
2Cases cited1 opinion
- Fleming v. GilbertNew York Supreme Court · 1808
3Cited by18 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Young v. . HunterNew York Court of Appeals · 1852
- Waxman v. WilliamsonNew York Court of Appeals · 1931
- City of Chicago v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1882
- Tuskaloosa Bridge Co. v. JemisonSupreme Court of Alabama · 1859
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