Baldwin v. City of Oswego
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was brought to recover,for labor and services performed by the plaintiff under a contract entered into between him and the city, for deepening the bed of the Oswego river in a specified part of its course within the city limits, and other work connected with it.
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Appeal from a judgment of the Supreme Court. The action was brought to recover,for labor and services performed by the plaintiff under a contract entered into between him and the city, for deepening the bed of the Oswego river in a specified part of its course within the city limits, and other work connected with it. The first cause of action set forth in the complaint, stated the contract and averred performance, pursuant to its provisions, until a default occurred on the part of the city, in making the stated payments stipulated, when the work was stopped for that cause. The second cause of…
1Opinion of the Court
Dento, Ch. J.
The contract under which the services were performed for which compensation is claimed, provides for the prosecution of the work during the year in which it was made, and through the next year, and a portion of the following year, the compensation to be paid monthly, and the final payment when the work should be completed. Hence the defendant’s counsel takes the position that the contract was unlawful and void, for transcending a provision of the charter, which is in these words: “ The said common council shall not create any obligation whatever on the part of the city which…
2Cases cited7 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- Cumming v. Mayor of BrooklynNew York Court of Chancery · 1845
- Hunt v. . City of UticaNew York Court of Appeals · 1858
- Beard v. City of BrooklynNew York Supreme Court · 1859
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3Cited by4 opinions
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Buck v. City of LockportNew York Supreme Court · 1872
- In Re Opening Locust AvenueNew York Court of Appeals · 1906
- Knapp v. Mayor of HobokenSupreme Court of New Jersey · 1876