W. F. Martens & Co. v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, W. F. Martens & Co., Inc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 21st day of September, 1917, dismissing the complaint upon the decision of the court after a trial at the Onondaga Special Term, and also from an order entered in said clerk’s office on the 17th day of September, 1917, denying plaintiff’s motion to vacate and set aside the decision of the…
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Appeal by the plaintiff, W. F. Martens & Co., Inc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 21st day of September, 1917, dismissing the complaint upon the decision of the court after a trial at the Onondaga Special Term, and also from an order entered in said clerk’s office on the 17th day of September, 1917, denying plaintiff’s motion to vacate and set aside the decision of the court filed in said office and to resettle the same.
1Opinion of the Court
Merbell, J.:
Plaintiff, a domestic corporation, engaged in the business of general contracting and building, having its principal place of business at the city of Rochester, N. Y., brought this action to rescind, cancel and annul a certain bid made by plaintiff for the erection of a public school in the city of Syracuse, and to enjoin the defendants from declaring plaintiff in default with regard to said bid and from declaring forfeited a deposit of $9,000 made by plaintiff by certified check, *624and from collecting said check, and to recover the same with lawful interest thereon. The basis of…
2Cases cited10 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- Abner M. Harper, Inc. v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1913
- Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- M. F. Kemper Construction Co. v. City of Los AngelesCalifornia Supreme Court · 1951
- Balaban-Gordon Co. v. Brighton Sewer District No. 2Appellate Division of the Supreme Court of the State of New York · 1973
- Rushlight Automatic Sprinkler Co. v. City of PortlandOregon Supreme Court · 1950
- In re the Estate of ClarkAppellate Division of the Supreme Court of the State of New York · 1931
- Borek v. GolderNew York Supreme Court · 1947
11 more not listed; retrieve them via the Exa API.