Ferdinand v. Mayor of New York
New York Supreme Court
Exceptions ordered to be heard at general term. Action by John E. Ferdinand against the mayor, aldermen, and commonalty of the city of 27ew York. At the trial the complaint was dismissed, and plaintiff’s exceptions were ordered to be heard in the first instance at general term.
1Opinion of the CourtBrady, J.
On the 1st of September, 1865, the defendants contracted with one John S. Masterson to regulate and grade Sixty-Sixth street from Eighth avenue to Broadway. In or about 1871 that contract was declared to be abandoned. It contained a provision which authorized the street commissioner to declare the work abandoned if, in his opinion, the contract was not being properly carried out, and to relet the work at the expense of the contractor, the contractor to pay any excess Of cost should the work be relet at a greater expense, and to be paid the difference should the work be relet at a less cost.…
2Cases cited2 opinions
- Murphy v. . BuckmanNew York Court of Appeals · 1876
- Taylor v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1881