Legal Opinion

East River Gas-Light Co. v. . Donnelly

New York Court of Appeals

Decided October 23, 1883PublishedCited by 48 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made the second Monday of September, 1881, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiff’s complaint.

Read the full summary

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made the second Monday of September, 1881, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiff’s complaint. Reported below, 25 Hun, -614.) Said complaint alleged among other things, that by the charter of Long Island City (Chap. 461, Laws of 1871), it is provided that “ all work to be done, or supplies to be furnished for the corporation, involving an expenditure of more than $100, shall be by contract founded on sealed…

1Opinion of the CourtDanforth, J.

Upon this appeal it must be assumed that the plaintiff was the lowest responsible bidder for lighting the street lamps of Long Island City, and that it tendered and was ready to give adequate security for the performance on its part of the contract, that these things were well known to the defendants, but they nevertheless awarded the contract to another party, and, therefore, the plaintiff failed to receive profits which would have accrued had its bid been accepted. But, notwithstanding this apparent vantage ground of the plaintiff, we are of opinion that it has established no exception to…

2Cases cited3 opinions

  1. Weaver v. DevendorfNew York Supreme Court · 1846
  2. Robinson v. . ChamberlainNew York Court of Appeals · 1866
  3. People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879

3Cited by48 opinions

  1. Tango v. TulevechNew York Court of Appeals · 1983
  2. Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
  3. Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
  4. People Ex Rel. Coughlin v. . GleasonNew York Court of Appeals · 1890
  5. Colorado Pav. Co. v. MurphyCourt of Appeals for the Eighth Circuit · 1897

43 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API