Brady v. Mayor, Aldermen & Commonalty
The Superior Court of New York City
Before Duer, Chief Justice, and woodruff, Justice. This action comes before the court at general term, on an appeal by the defendants from a judgment entered against them on the report of a referee.
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Before Duer, Chief Justice, and woodruff, Justice. This action comes before the court at general term, on an appeal by the defendants from a judgment entered against them on the report of a referee. The action is brought upon an alleged special contract which the complaint avers was entered into with the plaintiff by the defendants, through James Furey, then street commissioner, on the 11th of August, 1854, whereby the plaintiff agreed to set the curb and gutter, and to flag a portion of Eighty-third street, (i. e., from the Third Avenue to Avenue A,) in the city of Hew-York, in accordance…
1Opinion of the Court
By the court—Woodruff, Justice.
The referee has found as a conclusion of law from the facts proved, that it was the duty of the street commissioner, (in his notice inviting proposals for the work directed to be done by the common council,) to state the probable amount of rock excavation required, and to include that among the data by which the bids or proposals would be tested, and had no power, after excluding that part of the work from such data, to still go on and contract for its performance, and that the contract made by the street commissioner with the plaintiff, was illegal and void as…
2Cases cited2 opinions
- Brady v. Mayor of BrooklynNew York Supreme Court · 1847
- Farmers' Loan & Trust Co. v. CarrollNew York Supreme Court · 1849
3Cited by15 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Reams v. CooleyCalifornia Supreme Court · 1915
- City of Bryan v. Page & SimsTexas Supreme Court · 1879
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
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