Leary v. . City of Watervliet
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 10, 1917, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. 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 third judicial department, entered May 10, 1917, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts', so far as material, are stated in the opinion. There can be no recovery by the plaintiffs when there is no evidence that, before the signing of the contract, fraud or misrepresentation induced them to sign it to their loss, or that after the signing of such contract it was materially changed in such manner as to…
1Opinion of the CourtChase, J.
In 1913 the city of Watervliet by its sewer commission, appointed pursuant to chapter 457 of the Laws of 1911, advertised for sealed proposals for the completion of two dams, conduits, storm drains and appurtenances pursuant to plans and specifications on file in the office of the commission. The instructions to bidders issued by the commission were accompanied by an estimate of the several amounts of work to be done and item No. 28 thereof was as follows: “ For rock excavation' all depths, 1800 cu. yds.” The instructions also contained a statement as follows:
“ The estimated quantities in the…
2Cases cited2 opinions
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
3Cited by13 opinions
- Foundation Company v. . State of New YorkNew York Court of Appeals · 1922
- Inland Construction Co. v. City of PendletonOregon Supreme Court · 1925
- Depot Constr. Corp. v. State of New YorkNew York Court of Appeals · 1967
- Knight Bros., Inc. v. StateNebraska Supreme Court · 1972
- Palmberg v. City of AstoriaOregon Supreme Court · 1924
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