Sewer Commissioners v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by the sewer commissioners of Amsterdam against Timothy Sullivan and others on a bond for the faithful performance of a contract. There was a judgment in favor of defendants, and plaintiffs appeal.
1Opinion of the CourtMerwin, J.
In November, 1888, Sullivan & Co., a firm of which the defendant Sullivan is the survivor, entered into a contract with the plaintiff for the construction of a sewer in the city of Amsterdam. The work was commenced by Sullivan & Co., and continued by them until April 5, 1889, when the plaintiff took possession and completed the work at a loss to the city, as the plaintiff claims, of about $1,300 over and above the contract price. This loss the *359plaintiff in this action seeks to recover of Sullivan and the sureties on a bond given by the contractors for the faithful performance of the contract.…
2Cases cited1 opinion
- Barnes v. . LightNew York Court of Appeals · 1889
3Cited by1 opinion
- New York Building & Improvement Co. v. Springfield Elevator & Pump Co.Appellate Division of the Supreme Court of the State of New York · 1900