Wile v. . Wilson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 24, 1881, which reversed a judgment in favor of plaintiff, entered upon a verdict, and directed a judgment for plaintiff. This action was brought upon a contract, of which the following is a copy.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 24, 1881, which reversed a judgment in favor of plaintiff, entered upon a verdict, and directed a judgment for plaintiff. This action was brought upon a contract, of which the following is a copy. “ In the event of the contract for the reindexing of the county records being let to me by the board of supervisors, I hereby agree to pay the sum of ten per cent of any and all compensation I may receive for the fulfillment of said contract, to Solomon Wile, as a…
1Opinion of the CourtAndrews, J.
We think the execution by the plaintiff to the county of Monroe, at the request of the defendant, of a release of all right or claim under the contract between the plaintiff and the county for the unexecuted work embraced in the contract for indexing the records, was a good consideration for the agreement of the defendant upon which the action is brought, conceding that the contract between the plaintiff and the county is controlled by the decision in People, ex rel. Welch, v. Nash (62 N. Y. 484) and was ultra vires. The invalidity of the contract did not arise from absence of power in the…
2Cases cited1 opinion
- People Ex Rel. Welch v. . NashNew York Court of Appeals · 1875
3Cited by3 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Wadsworth v. . Bd. of SupervisorsNew York Court of Appeals · 1916
- Coffin v. LeechNew York Supreme Court · 1895