Legal Opinion

Coates v. Village of Nyack

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1908PublishedCited by 1 opinion

o Appeal by the defendant, the Village of Hyack, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the comity of Eockland on the 5tli day of April, 1907, upon the report of a referee appointed to hear, try and determine the issues.

1Opinion of the Court

Jenks, J.:

In 1897 the plaintiffs, as successful bidders, entered into a contract with the water board of the defendant, and thereunder began to construct public water works, which they did not finish. The defendant contends that they abandoned the work. However this may be, on June 3, 1899, the said board gave formal notice to the plaintiffs, whereby it stated that the contract was long since terminated, but as it noted from a communication from the plaintiffs that the plaintiffs considered the contract as still in force, it gave notice, in the exercise of its discretion, and deeming that the…

2Cases cited3 opinions

  1. Lowery v. . ErskineNew York Court of Appeals · 1889
  2. Harden v. DorthyAppellate Division of the Supreme Court of the State of New York · 1896
  3. Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. General Supply & Construction Co. v. GoeletAppellate Division of the Supreme Court of the State of New York · 1912

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