Laudani v. Vulcan Engineering Co.
New York Supreme Court
Action to foreclose the mechanics’ liens of various Italian laborers' who were employed on Good Roads Contract No. 456i The contract npon which the labor was performed by the plaintiffs and some of the defendant laborers was one to improve the Little Falls-East Creek road, from the city line of Little Falls easterly along the north side of the Mohawk river to the Montgomery county line at East Creek, a distance of five and thirty-nine hundredths miles in the town of Manheim,…
Read the full summary
Action to foreclose the mechanics’ liens of various Italian laborers' who were employed on Good Roads Contract No. 456i The contract npon which the labor was performed by the plaintiffs and some of the defendant laborers was one to improve the Little Falls-East Creek road, from the city line of Little Falls easterly along the north side of the Mohawk river to the Montgomery county line at East Creek, a distance of five and thirty-nine hundredths miles in the town of Manheim, Herkimer county, N. T. The State of New York prepared specifications, proposal, contract and bond for the benefit of…
1Opinion of the CourtLeBoeuf, J.
The original contract provided that, in case of default in the performance of the contract by the contractor (which would include his assignee), the contract might be relet, or might be completed by the State, and that the 'State Engineer might pay “ fór such contract or completion from any moneys due or to become due under this contract ; and in case such expense shall exceed the amount due or to become due the contractor on the final completion of the work herein embraced, then it is expressly understood and agreed that the said contractor and his surety shall be jointly and severally…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
3Cited by2 opinions
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- Fosmire v. National Surety Co.New York Supreme Court · 1918