Kinser Construction Co. v. . State of N.Y.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Hay 15, 1911, affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Hay 15, 1911, affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims. On the 31st of December, 1909, the Kinser Construction Company filed with the clerk of the Court of Claims a claim against the state of New York for $310,52o.il, alleging that it had sustained damages to that amount through the breach by the state of a contract entered into by the parties for the improvement of a part of the Champlain canal under certain statutes relating to the…
1Opinion of the CourtVann, J.
This appeal comes to us on the findings made by the Court of Claims and unanimously affirmed by the Appellate Division, so that the facts are settled beyond our power of review. The main question presented for decision is whether the facts thus, finally resolved sustain the conclusions of law found by the trial court. That question depends on the meaning of the seventh clause of the contract, when read in connection with the context and construed in the light of the circumstances surrounding the parties when they entered into the agreement. It will be convenient for any one who reads this…
2Cases cited4 opinions
- National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1908
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- Clark v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Kingsley v. . City of BrooklynNew York Court of Appeals · 1879
3Cited by27 opinions
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Hensler v. City of Los AngelesCalifornia Court of Appeal · 1954
- State v. YoungOregon Supreme Court · 1915
- Bissell v. L. W. Edison Co.Michigan Court of Appeals · 1967
- Del Balso Construction Corp. v. City of New YorkNew York Court of Appeals · 1938
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