Cameron-Hawn Realty Co. v. . City of Albany
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 4, 1911, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was not relieved from its obligation to maintain the pavement by reason of anything in-the specifications or contract or by any act of defendant. (People ex rel.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 4, 1911, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was not relieved from its obligation to maintain the pavement by reason of anything in-the specifications or contract or by any act of defendant. (People ex rel. Hall v. Mahar, 56 Hun, 81; Riley v. City of Brooklyn, 46 N. Y. 444.) Defendant was entitled to apply the five per cent to the…
1Opinion of the CourtCollin, J.
In April, 1905, the plaintiff, a corporation, and the defendant entered into an elaborate and detailed contract providing for the construction and maintenance by the plaintiff of a pavement on South Pearl street in the city of Albany. We will refer to those provisions only of the contract which the determination of the issue presented by the record requires us to consider. The construction of the pavement in full conformity with the requirements of the contract is conceded. The contract, however, throughout its provisions, contemplated and provided that the prices payable by the defendant…
2Cases cited12 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Wolfe v. . HowesNew York Court of Appeals · 1859
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3Cited by61 opinions
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- Kama Rippa Music, Inc. v. SchekerykCourt of Appeals for the Second Circuit · 1975
- Matter of Casualty Co. (Bliss Co. Claim)New York Court of Appeals · 1929
- Hardin v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1916
- Palo and Dodini v. City of OaklandCalifornia Court of Appeal · 1947
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