Pratt v. . Hudson River Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. The complaint was that on June 20, 1850, the defendant advertised for proposals for grading a portion of its railroad: that the plaintiffs made proposals, in writing, for performing the work and furnishing the requisite materials, at certain prices ( which are stated), for' the various descriptions of work and materials: that on July 6, 1850, the proposal of the plaintiffs was accepted by the defendant’s directors, and notice thereof, and that…
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Appeal from the Supreme Court. The complaint was that on June 20, 1850, the defendant advertised for proposals for grading a portion of its railroad: that the plaintiffs made proposals, in writing, for performing the work and furnishing the requisite materials, at certain prices ( which are stated), for' the various descriptions of work and materials: that on July 6, 1850, the proposal of the plaintiffs was accepted by the defendant’s directors, and notice thereof, and that section number 67 of the road was awarded to the plaintiffs, was delivered to them: that thereupon, with all due…
1Opinion of the Court
►Seldeh, J,
The opinion delivered by the Supreme Court, at general term, shows that the new trial, in this case, was not granted upon any disputed question of fact, but for an erroneous legal inference, drawn by the referee, from facts clearly established. The principal question involved in the case, therefore, is open for the examination of this court.
It is very clear that the plaintiffs did not make out, upon the trial, the precise cause of action stated in their complaint: because that assumes that a contract, by the defendants, to let the work in question to the plaintiffs, was in all…
2Cases cited1 opinion
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
3Cited by55 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Manss-Owens Co. v. H. S. Owens & SonSupreme Court of Virginia · 1921
- Schwartz v. GreenbergNew York Court of Appeals · 1952
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Edge Moor Bridge Works v. County of BristolMassachusetts Supreme Judicial Court · 1898
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