Legal Opinion

Clark v. Mayor

New York Court of Appeals

Decided March 15, 1864PublishedCited by 1 opinion

Appeal from General Term. „ This action is brought to recover a balance for work done under a contract between the parties for the construction of section 96 of the Croton Aqueduct. This section included the reservoir. The plaintiff also claimed damages for having been prevented, from excavating rock from the northern section of the reservoir.

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Appeal from General Term. „ This action is brought to recover a balance for work done under a contract between the parties for the construction of section 96 of the Croton Aqueduct. This section included the reservoir. The plaintiff also claimed damages for having been prevented, from excavating rock from the northern section of the reservoir. The contract required the plaintiffs to furnish the materials' and- perform all the labor necessary to construct section 96 of the Croton Aqueduct. In doing the work the plaintiffs were to receive for rock excavation $1.00 per cubic yard, and for earth…

1Opinion of the CourtIkgraham, J.

There is no doubt as to the correct amount of the balance for work done under the contract. This amount was certified- to "by, the engineer, and was retained by the commissioners as part of the ten per cent which, by the contract, they were authorized to retain. ■ For this amount, application was made to the president of the.board, who offered to pay it on condition that the-plaintiffs would give a receipt in full. This was refused, and the- payment by the commissioners was then refused.

After this refusal by the commissioners to pay, on the ground that the- plaintiffs would not release their…

2Cited by1 opinion

  1. Elderkin v. FellowsWisconsin Supreme Court · 1884

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