Riley v. . the City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the second department, affirming judgment entered in Kings county upon report of referee in favor of plaintiff. (Reported below, 56 Barb., 559.) Plaintiff entered into a written contract with the city of Brooklyn on the 13th day of April, 1865, for grading and paving ¡Ninth avenue, in the city of Brooklyn, from Twelfth street to the Greenwood cemetery.
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Appeal from judgment of the General Term of the second department, affirming judgment entered in Kings county upon report of referee in favor of plaintiff. (Reported below, 56 Barb., 559.) Plaintiff entered into a written contract with the city of Brooklyn on the 13th day of April, 1865, for grading and paving ¡Ninth avenue, in the city of Brooklyn, from Twelfth street to the Greenwood cemetery. The work was advertised by the city under the charter, and bids invited for the work, according to the profile map on file in the street commissioner’s office. In and by said contract he agreed “ to…
1Opinion of the Court
Allen J.
All prior negotiations between the plaintiff, and the agents, and representatives of the defendant, concerning the work to be done, were merged in the written agreement of the 13th of April, 1865. The maps, profiles, estimates, and proposals before then made, constitute no part of the consummated agreement between the parties, except as they are referred to in the contract, and by such reference incorporated into and made a part of it.
The duties and liabilities of the parties are measured, by the terms of the contract to which they have formally assented, and not by anything that…
2Cited by12 opinions
- Long v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Matter of Com'rs of Wash'ton Park, AlbanyNew York Court of Appeals · 1873
- Cruthers v. DonahueSupreme Court of Connecticut · 1912
- Long v. New York Central RailroadNew York Court of Appeals · 1872
- Edwards v. American PatriotsMissouri Court of Appeals · 1912
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