Foundation Company v. . State of New York
New York Court of Appeals
Appeal from' a judgment, entered March 23, 1921, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff entered upon an award of the Court of Claims and dismissing the claim against the state. The state furnished erroneous and misleading data upon which the claimant relied and under the particular circumstances in this case had a right to rely in making its bid.
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Appeal from' a judgment, entered March 23, 1921, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff entered upon an award of the Court of Claims and dismissing the claim against the state. The state furnished erroneous and misleading data upon which the claimant relied and under the particular circumstances in this case had a right to rely in making its bid. (Hollerbach v. U. S., 233 U. S. 165; Christie v. U. S., 237 U. S. 234; U. S. v. Spearin, 248 U. S. 132; U. S. v. Atlantic Dredging Co., 253 U. S. 1;…
1Opinion of the CourtAndrews, J.
The state designed a dam across the Mohawk river at Scotia with a canal lock at its south end. At this point a layer of gravel underlay the bed of the stream. Upon it the dam could not safely rest. Nor might cofferdams be used in its construction. It was determined, therefore, to sink caissons under compressed air to bedrock for the whole distance. The final result would be a solid concrete cut-off wall, on top of which would be placed the other structures necessary to complete the dam. The .caissons were to be twenty-four in number. Three of them were to extend beyond the others a…
2Cases cited5 opinions
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Wood v. Fort WayneSupreme Court of the United States · 1886
- Leary v. . City of WatervlietNew York Court of Appeals · 1918
- Matter of Semper v. . DuffeyNew York Court of Appeals · 1919
3Cited by44 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Jackson v. StateAppellate Division of the Supreme Court of the State of New York · 1924
- Buckley & Co., Inc. v. StateNew Jersey Superior Court Appellate Division · 1975
- City of Dallas v. ShortallTexas Supreme Court · 1938
- Weston v. State of New YorkNew York Court of Appeals · 1933
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