John A. Roebling's Sons Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from so much of a judgment of the Supreme* Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of October, 1905, upon the report of a referee, as awards interest to the plaintiff on the sum recovered.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the sum of $231,081.59, a balance alleged to be due the plaintiff under a contract for the construction of the new East. River bridge. The defendant claimed the right to deduct from.such balance the sum of $175,000 for 175 days’ alleged overtime in the completion of the work. The contract under which the work was done provided that whenever, in the opinion of the engineer-having supervision of the work for the city, the other party to the contract shall have “ completely performed,” then the .engineer should so certify in writing to the…
2Cited by3 opinions
- Bradley v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1913
- Leopold v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
- Rapid Transit Subway Construction Co. v. City of New YorkNew York Supreme Court · 1927