Blum v. City of Rochester
New York Supreme Court
1Opinion of the CourtRodenbeck, J.
The complaint states a cause of action for a breach of contract by the city in the purchase of a parcel of land. *288The only objection raised to the sufficiency of the complaint is that the wrong remedy is demanded. Specific performance of the contract is sought. This is the remedy which' would be available to the city if the plaintiff had defaulted, and it is, likewise, open to plaintiff. The city is amenable to its contracts the same as an individual. It cannot arbitrarily breach its contracts without subjecting itself to a liability. “ With respect to authorized contracts a municipal…
2Cases cited3 opinions
- Lighton v. . City of SyracuseNew York Court of Appeals · 1907
- Alabama Water Co. v. City of AnnistonSupreme Court of Alabama · 1926
- Havre De Grace Water Co. v. Mayor of Havre De GraceCourt of Appeals of Maryland · 1926
3Cited by1 opinion
- Yonkers Lodge, Benevolent & Protective Order of Elks v. Board of EducationNew York Supreme Court · 1942