Voorhis v. . Mayor
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 4 Hun, 76; 5 T. & C., 345.) This action was brought to recover a balance claimed to be due on a contract between plaintiff and defendants for regulating and grading First avenue from Thirty-seventh street to Forty-second street.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 4 Hun, 76; 5 T. & C., 345.) This action was brought to recover a balance claimed to be due on a contract between plaintiff and defendants for regulating and grading First avenue from Thirty-seventh street to Forty-second street. The following are the specifications and clauses of the contract: “ Specifications. — For regulating and grading section No. 1, First avenue, from Thirty-seventh street to the…
1Opinion of the CourtFolger, J.
Two things are conceded by the appellant which materially narrow the limit of consideration of the case. He concedes that the work for which he claims to recover is not extra work, and therefore, that if he may recover for it it is because it is stipulated for in the contract. He concedes that if he had excavated the rock upon perpendicular lines, at just the width of the avenue and down to the grade, he would have performed his contract fully and could not have been compelled to have done more. It follows that the excavation of it with slopes was not within the terms of the contract, nor so…
2Cited by4 opinions
- Provo v. City of SyracuseNew York Court of Appeals · 1933
- Norton v. University of MaineSupreme Judicial Court of Maine · 1910
- United States ex rel. T. M. Page Corp. v. HenslerDistrict Court, S.D. California · 1954
- Kingsley v. City of BrooklynNew York City Court · 1878