Ellis v. Mayor of New York
New York Court of Common Pleas
Appeal by the defendants from a judgment entered on the report of referee. The plaintiff’s assignor contracted with the defendants to set the curb and pave Fifty-fourth street, from Third to Fourth Avenues. The plaintiff, under the direction of the Street Commissioner, while carrying on the contract, did certain work upon the line of the street, not called for by the contract, and for which he brought action.
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Appeal by the defendants from a judgment entered on the report of referee. The plaintiff’s assignor contracted with the defendants to set the curb and pave Fifty-fourth street, from Third to Fourth Avenues. The plaintiff, under the direction of the Street Commissioner, while carrying on the contract, did certain work upon the line of the street, not called for by the contract, and for which he brought action. He raised the grade of Fifty-fourth street, for which service the referee allowed as a proper and reasonable charge, $250. But to protect the embankment, the Street Commissioner directed…
1Opinion of the Court
By the Court.
Hilton, J.
The corporation- through its Street Commissioner, contracted with one Keyes to set the curb and gutter, and grade 54th street, from Third to Fourth Avenues. Keyes assigned the contract to the plaintiff, who performed the work and Inis been paid the price agreed upon ; but he claims to be entitled to payment in addition, for work" dime upon- the street, not mentioned in the contract, bus directed by the Street Commissioner.
■It appears that after the contract was made, the grade of *105Thin! Avenue was changed by order of the corporation, and ti, bring the grade of 54th…
2Cited by2 opinions
- Riverside Chemical Co. v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1945
- McDonald v. Mayor of New YorkNew York Supreme Court · 1874