Legal Opinion

John Weston v. . the City of Syracuse

New York Court of Appeals

Decided March 5, 1858PublishedCited by 26 opinions

The action in the Supreme Court was brought to recover damages for the breach of a written contract by which the plaintiff undertook to grade and pave a portion of Onondaga-street in the city of Syracuse, to the distance of one hundred rods at certain prices per foot for excavation and pavement, which, the defendant agreed to pay.

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The action in the Supreme Court was brought to recover damages for the breach of a written contract by which the plaintiff undertook to grade and pave a portion of Onondaga-street in the city of Syracuse, to the distance of one hundred rods at certain prices per foot for excavation and pavement, which, the defendant agreed to pay. The complaint averred that the plaintiff entered upon the performance of the work, and had procured and drawn upon the street-a quantity of stone and other materials, when the defendant ordered the work stopped, and forbade the plaintiff to proceed any further with…

1Opinion of the CourtDenio, J.

The parts of the charter of the city of Syracuse which are supposed to bear upon this case are the sections declaring that the common council shall be autho rized to raise once in each year not exceeding fifty-three thousand dollars, to defray all expenses of the city, including all debts due from it (Laws of 1854, 78, tit. 12, § 1), and that which makes it a penal offence for an alderman to vote for any appropriation or the payment or expenditure of any money not authorized by or in violation of any provision of the charter, and which moreover provides that if the common council shall…

2Cited by26 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. City of Valparaiso v. GardnerIndiana Supreme Court · 1884
  3. McBean v. City of FresnoCalifornia Supreme Court · 1896
  4. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
  5. Saleno v. City of NeoshoSupreme Court of Missouri · 1895

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