Provo v. City of Syracuse

Pound, Ch. J.

This is an action to recover $28,168 from the city of Syracuse claimed as a balance due on a contract for construction work.

The question is whether the complaint herein does more than state facts constituting a claim for extra compensation for work agreed to be done under a municipal contract, or whether it states facts constituting a cause of action for work done for which the contractor is entitled to compensation under the contract.

A written contract was entered into, after competitive bidding, between the plaintiff, the lowest bidder, and the city of Syracuse, dated December…