Brady v. Mayor of Brooklyn
New York Supreme Court
Motion to. set aside the report of th,e sole referee. The. action was Eissumpsit, brought in the court of common, pleas of the county of Kings. The declaration contained the common counts for work and labor and materials, together with the. money counts, and an account, stated. The defendants pleaded the general issue, and gave notice of set-off.
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Motion to. set aside the report of th,e sole referee. The. action was Eissumpsit, brought in the court of common, pleas of the county of Kings. The declaration contained the common counts for work and labor and materials, together with the. money counts, and an account, stated. The defendants pleaded the general issue, and gave notice of set-off. By an order of the court of common pleas, made at the Mqy term, 18.47, the cause was referred to A. C. Bradley, sole referee, by whom it was heard. Upon the hearing before him, the plaintiff proved the execution of an agreement between himself and…
1Opinion of the Court
By the Court, Strong, P. J.
The contract signed by the plaintiff did not specify the level on which Union-street should be graduated. That ordinarily depends upon a profile on file in the office of the street commissioner. Such profile is generally exhibited to the contractors, and forms the basis of their estimates. The profile on file in the office of the street commissioner, at the time when the contract was made, was inaccurate. It represented the proposed level at the intersection of Union and Columbia-streets as eight feet above high watermark. The corporation had at first graduated' the…
2Cases cited2 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Hays v. HaysNew York Supreme Court · 1840
3Cited by29 opinions
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- District of Columbia v. BaileySupreme Court of the United States · 1898
- In re the Arbitration between Dormitory Authority of New York & Span Electric Corp.New York Court of Appeals · 1966
- Woods v. Board of SupervisorsNew York Court of Appeals · 1893
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1886
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