DeVito v. City of Mechanicville

Plaintiff appeals from an order dismissing his complaint at the close of his evidence in this action brought against the defendant city of Mechanicville for a breach of contract. No *515public hospital is operated within the corporate limits of the city. It contracts for the transportation of its poor and indigent residents to hospitals in nearby cities. It has followed the custom of making a contract for the term of two years, paying a lump sum annually, whether many or few persons make use of the ambulance. Ihe contract also fixes the rates to be charged paying passengers. The contract expired…