Abner M. Harper, Inc. v. City of Newburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abner M. Harper, Inc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Orange on the 4th day of March, 1913, upon the decision of the court after a trial at the Orange Special Term.
1Opinion of the Court
Jenks, P. J.:
The plaintiff sues for relief from its mistake in transposing two items of its hid in competition for certain paving work. The mistake was not discovered by any one until after the bids had been opened and a resolution in favor of awarding the contract to the plaintiff had been passed by the city council. At trial the defendants read in evidence only the proposals and a tabulation of the various bids so as to show a difference between them. The Special Term found in accord with the plaintiff’s version of the mistake and that the mistake was not due to plaintiff’s negligence, but…
2Cases cited10 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- City of New York v. Dowd Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- City of New York v. Seely-Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1912
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3Cited by36 opinions
- James T. Taylor & Son, Inc. v. Arlington Independent School DistrictTexas Supreme Court · 1960
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- Alden Auto Parts Warehouse, Inc. v. Dolphin Equipment Leasing Corp.Court of Appeals for the Second Circuit · 1982
- W. F. Martens & Co. v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1918
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