People ex rel. Carey Construction Co. v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harvey S. Bedell and others, constituting the board of water and sewer commissioners of the city of Rome, N. Y., from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 24th day of October, 1911, granting a peremptory writ of mandamus directing the appellants to pay a judgment recovered by the relator against the city of Rome.
1Opinion of the Court
Foote, J.:
The relator, the Carey Construction Company, as contractor, constructed a system of municipal water supply for the city of Rome under a contract with the board of water and sewer commissioners of that city. After finishing the work it presented to the board of water and sewer commissioners a claim for extras beyond the contract price of $44,238.29. The board of water and sewer commissioners rejected and refused to allow this claim, whereupon, in accordance with the provisions of the city charter, the matter came before the board of audit, consisting of the mayor, the president of…
2Cited by1 opinion
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