N. P. Nelson Iron Works, Inc. v. Berry

Martin, J. (concurring).

The petition herein alleges that on or about October 13, 1931, a written contract was entered into by the city of New York and N. P. Nelson Iron Works, Inc., for the purchase of thirty snow loaders, for the sum of $95,550. The petitioner in accordance with the specifications and terms of the contract delivered the thirty snow loaders.

It is further alleged that there appeared in the City Record on April 18, 1932, a notice under “ Department of Finance ” that petitioner’s warrant in the sum of $93,250 for payment of the snow loaders would be ready for payment on April…