Belmar Contracting Co. v. . State of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1920, modifying and affirming as modified a judgment in favor of plaintiff entered upon an award of the Court of Claims. Claimant is not entitled to recover as matter of law any sum for damages alleged to have been sustained by it prior to the execution of the contract by the state. (Cons.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1920, modifying and affirming as modified a judgment in favor of plaintiff entered upon an award of the Court of Claims. Claimant is not entitled to recover as matter of law any sum for damages alleged to have been sustained by it prior to the execution of the contract by the state. (Cons. Laws, ch. 25, § 130.) Even had claimant possessed any valid demand against the state for damages in consequence of the delay in the execution of the contract, it waived such demand by…
1Opinion of the CourtAndrews, J.
On August 5, 1915, the state advertised for bids for the improvement of a portion of a state highway. It called attention to the “ information for bidders,” the “ specifications ” and the “ contract agreement ” on file in the office of the commission of highways. These papers stated that every bid must be accompanied by a cash deposit or a certified check or draft for five per centum of the amount of the proposal which would be forfeited if the bidder failed to enter into a contract should the same be awarded to it. Unless all the proposals are rejected this award is to be made to the lowest…
2Cases cited10 opinions
- Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Dung v. . ParkerNew York Court of Appeals · 1873
- Litchfield v. . BondNew York Court of Appeals · 1906
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Parsa v. State of New YorkNew York Court of Appeals · 1984
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Backus Plywood Corp. v. Commercial Decal, Inc. And Alfred DuhrssenCourt of Appeals for the Second Circuit · 1963
- Municipal Consultants & Publishers, Inc. v. Town of RamapoNew York Court of Appeals · 1979
- Church of God of Prospect Plaza v. Fourth Church of ChristAppellate Division of the Supreme Court of the State of New York · 1980
33 more not listed; retrieve them via the Exa API.