Uvalde Contracting Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Uvalde Contracting Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of June, 1913, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 9th day of June, 1913, denying plaintiff’s…
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Appeal by the plaintiff, Uvalde Contracting Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of June, 1913, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 9th day of June, 1913, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This action is upon a contract for repairing asphalt pavements within a specified area in the city of New York. The contract was dated August 11, 1911, and it was so drawn as to cover the period expiring December 31, 1911. The contract required the plaintiff to make repairs to the asphalt pavement of the specified streets when and where directed as may be deemed to be necessary and to maintain said pavement in good condition to the satisfaction of the borough president during the term of the contract. For this it was to be paid a specified price per square yard for asphalt pavement…
2Cases cited4 opinions
- Burke v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
- Molloy v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1911
- Beckwith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- St. George Contracting Co. v. City of New YorkNew York Court of Appeals · 1912
3Cited by8 opinions
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- BOARD OF WATER & SEWER COM'RS v. Bill Harbert Const. Co.Supreme Court of Alabama · 2003
- Joseph Davis, Inc. v. Merritt-Chapman & Scott Corp.Appellate Division of the Supreme Court of the State of New York · 1967
- Thomas Crimmins Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Dock Contractor Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1924
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