Village of Medina v. . Dingledine
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1912, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the' facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1912, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the' facts, so far as material, are stated in the opinion. Under section 3 of the Labor Law, as such provisions are construed by the courts, a contract between a municipality and a contractor for the construction of public works is voidable, at the option of the municipality, for violations of the law by the contractor, and is not upon such violation ipso…
1Opinion of the CourtHiscock, J.
In May, 1907, the appellant, through its board of sewer commissioners, entered into a written contract with a firm of contractors to construct certain sewers for the price of $37,347.50. Thereafter the respondent in accordance with the requirements of said contract entered into a bond as surety with the appellant in the penal sum of $18,673.75 for the faithful performance of said contract by the contractors. After doing a considerable amount of work and furnishing a considerable amount of materials in the performance of their undertaking said contractors became in default and the appellant,…
2Cases cited1 opinion
- People Ex Rel. Williams Engineering & Contracting Co. v. MetzNew York Court of Appeals · 1908
3Cited by3 opinions
- Brian Hoxie's Painting Co. v. Cato-Meridian Central School DistrictNew York Court of Appeals · 1990
- E. Williamson Roofing & Sheet Metal Co. v. Town of ParishAppellate Division of the Supreme Court of the State of New York · 1988
- The Board of Education Central School District No. 2 of the Towns of Bedford v. Aetna Casualty and Surety Co.Court of Appeals for the Second Circuit · 1971