Borough Construction Co. v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. 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 second judicial department, entered March 17, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The record is destitute of any proof to sustain the allegations of the complaint that the engineer, in determining the amounts and quantities of the several kinds of work under the contract, and in determining the questions in relation to said work and the construction…
1Opinion of the CourtHiscock, J.
This action is brought really to recover the value of extra materials furnished and extra labor done by the respondent while constructing a large sewer under contract with the appellant in the borough of Brooklyn. It is not brought, however, on the theory of recovering on or under the contract for such extra material and services, but is instituted and thus far has been sustained on the theory that the appellant unjustly required the respondent to furnish materials and do work not covered by its contract, and thereby committed a breach of the contract for which damages measured by the value…
2Cases cited2 opinions
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by70 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- United States Ex Rel. Johnson v. Morley Const. Co.Court of Appeals for the Second Circuit · 1938
- Foundation Company v. . State of New YorkNew York Court of Appeals · 1922
- Gogo v. Los Angeles County Flood Control DistrictCalifornia Court of Appeal · 1941
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