Legal Opinion

Merrill-Ruckgaber Co. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1914PublishedCited by 7 opinions

Appeal by the plaintiff, Merrill-Ruckgaber Company, from a judgment of the Supreme Court in its favor, entered in the office of the clerk of the county of New York on the 14th day of December, 1912, upon the verdict of a jury rendered by direction of the court for the sum of $473.80 and costs.

1Opinion of the Court

Soott, J.:

The plaintiff sues upon a contract made with the city of New York for the building of a sewer or sewers in the borough of Richmond in said city. The contract contemplated the laying of sewers of different sizes and kinds. The work was completed and accepted by the city and a final estimate made. The complaint embraces four claims: First, for the construction of a sub-drain; second, for constructing a barrel stave sewer; third, for the cost of laying a concrete foundation and making the necessary excavations therefor; and, fourth, for the repayment of a deposit made to cover the cost…

2Cases cited1 opinion

  1. Burke v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by7 opinions

  1. BOARD OF WATER & SEWER COM'RS v. Bill Harbert Const. Co.Supreme Court of Alabama · 2003
  2. Joseph Davis, Inc. v. Merritt-Chapman & Scott Corp.Appellate Division of the Supreme Court of the State of New York · 1967
  3. Thomas Crimmins Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
  4. Dock Contractor Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1924
  5. Todd Dry Dock, Engineering & Repair Corp. v. City of New YorkDistrict Court, E.D. New York · 1929

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