John H. Parker Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the John H. Parker. Conxpany, from a judgment of the Supreme Court,in favor of the defendant, enteied in the office of the clerk of the county of -New York on the 18th day of July, 1905,. upon the decision of the court, rendered after a trial at the New York Special, Term, /overruling the plaintiff’s demurrer to threer separate defenses contained in the defendant’s answer.
1Opinion of the Court
McLaughlin, J.:
The plaintiff entered into a contract with the commissioner of buildings for the removal of the old hall of records of the city of Hew York and brings this action to recover for labor performed and materials furnished in doipg that work which, at the rate alleged to have been specified in the contract, amounts to $47,889.51, less a credit of $779.43., leaving a balance of $47,110.08, for which judgment was demanded, besides interest.
The defendant pleaded as separate defenses, first, that the contract was not entered into after advertisement and competitive bidding ; second,…
2Cases cited2 opinions
- Gabay v. DoaneAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Allison v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Moore Bros. Glass v. Drevet Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1897
- Chelsea Exchange Bank v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1916