Asphalt Paving & Contracting Co. v. City of New York
New York Supreme Court
Motion by plaintiff on the minutes of the court to set aside tbe verdict and for a new trial on all the grounds permitted by section 999 of the Code of Civil Procedure.
1Opinion of the CourtFoote, J.
The street paving contract which is the subject of this action required the contracting company, plaintiff’s assignor, not only to lay the pavement but to keep it in repair for a period of fifteen years. Thirty per cent, of the contract price, or $90,835.90, was reserved by the city to be paid to the contractor during the last ten of the fifteen years, at the rate of three per cent, per year, provided the contractor made the repairs, on being notified so to do. The contractor made the repairs during ten of those years, refused or neglected to make the repairs for the eleventh year (1908), and…
2Cases cited4 opinions
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Dolan v. . RodgersNew York Court of Appeals · 1896
- People Ex Rel. North v. . FeatherstonhaughNew York Court of Appeals · 1902
- Cameron-Hawn Realty Co. v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Asphalt Paving & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Port of Seattle v. Puget Sound Sheet Metal WorksWashington Supreme Court · 1923