Wells v. Village of East Aurora

The breach of the contract for which the plaintiff seeks damages is the “ neglect and refusal ” of the defendant village to submit to the village taxpayers a proposal for a gravity water system according to the terms of a contract between the parties. The Village Law by section 221 (as amd. by Laws of 1927, chap. 650) provides that the board of trustees of any village may by resolution adopted at a regular meeting determine upon a system of water works for supplying the village and its inhabitants with water and further provides that such action shall be subject to a permissive referendum.…