Legal Opinion

People ex rel. Baldwin & Jaycox v. Haws

New York Supreme Court

Decided May 5, 1862PublishedCited by 14 opinions

THE Croton, aqueduct board, having advertised for proposals for building the gate houses in the new reservoir, duly awarded the contract therefor to the relators, who were the lowest bidders. But the common council refused either to confirm the award to the relators, or to make an appropriation therefor.

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THE Croton, aqueduct board, having advertised for proposals for building the gate houses in the new reservoir, duly awarded the contract therefor to the relators, who were the lowest bidders. But the common council refused either to confirm the award to the relators, or to make an appropriation therefor. The relators then caused proceedings to be taken against the city, upon which an injunction was obtained, restraining the corporation from making a contract with any other person, and to compel the execution of a contract with them. In both of these proceedings they were defeated; this court…

1Opinion of the Court

By the Coxcrt,

Ingraham, P. J.

The relators apply for a mandamus against the comptroller to draw his warrant in their favor for an award made against the corporation for damages sustained by the relators in consequence of the refusal of the common council to award to them a contract for building a gate house at the new reservoir.

This claim arises under the provision of the 4th section of the act passed to facilitate the taking of lands and building such gate house, &c., passed in April, 1860. (Laws of 1860, .p. 772.) This section provided, among other things, “ that for the purpose of…

2Cases cited5 opinions

  1. Mayor of New-York v. BaileyNew York Supreme Court · 1845
  2. McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
  3. People v. President & Trustees of BrooklynNew York Supreme Court · 1828
  4. Town of Guilford v. CornellNew York Supreme Court · 1854
  5. People ex rel. Woodworth v. BurrowsNew York Supreme Court · 1858

3Cited by14 opinions

  1. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  2. In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
  3. Copp v. HennikerSupreme Court of New Hampshire · 1875
  4. Wooster v. PlymouthSupreme Court of New Hampshire · 1882
  5. John Hoagland v. City of SacramentoCalifornia Supreme Court · 1877

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