Culp v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ernest M. Culp, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the comity of Kings on the 13th day of May, 1910, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order bearing date the 20th day of May, 1910, and entered in said clerk’s office denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Thomas, J.:
The parties contracted for the construction of sewer basins by plaintiff at prices related to the several elements of the work. The contract was performed and the plaintiff paid, but the performance of the work required certain sheathing, and the contract contemplated that its fulfillment would either allow or permit the removal of sheathing. Defendant’s officers deemed it advantageous to keep in place certain sheathing, although they recognized plaintiff’s right to withdraw it, and proper official action was taken to purchase it on behalf of the. defendant at the sum of $522.92.…
2Cited by11 opinions
- People v. BicetAppellate Division of the Supreme Court of the State of New York · 1992
- Greenberg v. City of New YorkNew York Supreme Court · 1934
- Richmond Railways, Inc. v. GilchristAppellate Division of the Supreme Court of the State of New York · 1929
- Bromley v. Mollnar, New York County Courts1942
- Scahill v. DrzewuckiAppellate Division of the Supreme Court of the State of New York · 1935
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