Beckwith v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of January, .1907, upon the decision of the court rendered after a trial before the court without' a jury "ait the Kings County Trial Term, and also (as stated in the notice of appeal) from an order denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The appellant argues that this action, being for breach of contract, cannot be maintained for the: reason that no enforcible contract was made, and that it should have been brought for a failure to make a contract. The argument, to say the least, is not ingenuous, for the complaint alleges the refusal .of the defendant to execute a contract which had been awarded to the plaintiff upon competitive bidding after all of the requirements .of the statute had been observed. The contract duly awarded as aforesaid was for furnishing, delivering and laying water mains in certain streets in…
2Cases cited4 opinions
- Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
- People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
- Lynch v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
- Pennell v. The Mayor, Aldermen & Commonalty of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by11 opinions
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
- Lord Electric Co. v. LitkeNew York Supreme Court · 1983
- McCormick v. OklahomaCourt of Appeals for the Eighth Circuit · 1913
- Northeast Mississippi Community College District v. Vanderheyden Construction Co.District Court, N.D. Mississippi · 1992
- Mansfield Contracting Corp. v. LindsayAppellate Division of the Supreme Court of the State of New York · 1973
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