Lord v. . Thomas
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon a decision of the court at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon a decision of the court at Special Term. This action was brought to have the act chapter 323, Laws of 1874, declared unconstitutional and void so far as it authorized defendant, as superintending builder of the State reformatory at Ehnira, appointed under said act, to relet a contract for the brick and stone work of said building, and to restrain defendant from entering into any such new contract. The court found, in substance, that under the…
1Opinion of the CourtAndrews, J.
This action cannot be maintained. 1. The State cannot be compelled to proceed with the erection of a public building, or the prosecution of a public work at the instance of a contractor with whom the State has entered into a contract for the erection of a building or the performance of the work. The State stands, in this respect, in the same position as an individual, and may at any time abandon an enterprise which it has undertaken, and refuse to allow the contractor to proceed, or it may assume the control and do the work embraced in the contract, by its own immediate servants and agents,…
2Cases cited2 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by29 opinions
- Hayes v. Port of SeattleSupreme Court of the United States · 1920
- Danolds v. . the State of New YorkNew York Court of Appeals · 1882
- California Highway Commission v. RileyCalifornia Supreme Court · 1923
- Ware Bros. v. Cortland Cart & Carriage Co.New York Court of Appeals · 1908
- Caldwell v. DonagheySupreme Court of Arkansas · 1913
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