Dunn v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The plaintiff brought the two actions, which have been consolidated into the present one, to recover damages of the defendant, upon causes of action arising out of the performance by his assignor of two contracts made with it.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The plaintiff brought the two actions, which have been consolidated into the present one, to recover damages of the defendant, upon causes of action arising out of the performance by his assignor of two contracts made with it. These contracts were for “ regulating and paving with Macadam pavement ” the roadways of Eleventh avenue, from Kingsbridge road to Fort George road, and Fort George avenue,…
1Opinion of the CourtGray, J.
I think that no cause of action was made out and, therefore, that the complaint should have been dismissed. The contracts, into which the plaintiff’s assignor entered with the city, were explicit in their terms and as complete in the expression of the respective agreements of the parties as language could well make them. The parts, which have been referred to in the foregoing statement, have been taken as exemplifying the fullness with which the municipal officers sought to have the obligations of the city and of the contractor defined and to guard against any claim for extra compensation.…
2Cases cited2 opinions
- Curnen v. . the MayorNew York Court of Appeals · 1880
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
3Cited by19 opinions
- Heywood-Wakefield Co. v. SmallCourt of Appeals for the First Circuit · 1938
- Georgianna v. GizzyNew York Supreme Court · 1984
- Barker v. City of New YorkCourt of Appeals for the Second Circuit · 1917
- Wade v. City of TacomaWashington Supreme Court · 1924
- Conklin v. JablonskiNew York Supreme Court · 1971
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