Legal Opinion

McGarry Contracting Co. v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided April 6, 1942PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover the reasonable value of certain extra work performed by the plaintiff under a construction contract, it is alleged that the extra work was the result of misrepresentation on the part of the defendant and that the plaintiff relied upon such representations in good faith. Plaintiff has recovered judgment, from which the defendant appeals. Judgment modified on the law by striking therefrom the allowance of interest at six per cent for the period from October 10, 1937, to July 1, 1939, and by inserting in place thereof a provision allowing interest at six per cent from…

2Cases cited2 opinions

  1. Smith v. . Board of EducationNew York Court of Appeals · 1913
  2. McGarry Contracting Co. v. Board of Education of New YorkNew York Court of Appeals · 1940

3Cited by2 opinions

  1. Parker v. StateNew York Court of Claims · 1945
  2. Timmerman v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1948

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