Legal Opinion

Bonesteel v. . the Mayor, C., of New York

New York Court of Appeals

Decided September 5, 1860PublishedCited by 26 opinions

Appeal from the Superior Court of the city of New York. Action to recover for work alleged to have been performed under a written contract.

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Appeal from the Superior Court of the city of New York. Action to recover for work alleged to have been performed under a written contract. The trial was before a referee, from whose finding these facts appeared: On the 10th of June, 1851, the defendants, in common council convened, passed two resolutions ; one providing that Seventieth street in said city should be regulated and graded, from the Tenth avenue to the Hudson river (or North river), under the direction of the street commissioner ; and the other, that a dock be built at the foot of Seventieth street, North river, also under the…

1Opinion of the CourtDavies, J.

The plaintiff bases his right of recovery in this action upon the contract of October 21st, 1852, and insists that that is the contract between his assignor and the defendants, without any reference to the specifications issued by the street commissioner, and which, by the terms of the contract, were made part of it. Assuming this to be so, how stands the plaintiff’s case? He seeks to recover on a contract, which provided that the rock was to be excavated two feet below the line of the curbstone grade. The proof shows clearly that the rock excavation was carried to the depth of one foot only…

2Cases cited3 opinions

  1. Smith v. . BradyNew York Court of Appeals · 1858
  2. Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
  3. Cunningham v. . JonesNew York Court of Appeals · 1859

3Cited by26 opinions

  1. Moore v. . MayorNew York Court of Appeals · 1878
  2. Dickinson v. . City of PoughkeepsieNew York Court of Appeals · 1878
  3. McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
  4. Lebcher v. Board of CommissionersMontana Supreme Court · 1890
  5. Nash v. City of Saint PaulSupreme Court of Minnesota · 1863

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