Montgomery v. Mayor, Aldermen & Commonalty of New York
New York Court of Appeals
Appeal by the plaintiffs from a judgment of the General Term of the Superior Court of the city of New York, entered December 6,1894, which affirmed so much of a judgment of a Trial Term as dismissed the second cause of action set out in the complaint. The plaintiffs, as co-partners, entered into a contract with the defendant for constructing a sewer and appurtenances.
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Appeal by the plaintiffs from a judgment of the General Term of the Superior Court of the city of New York, entered December 6,1894, which affirmed so much of a judgment of a Trial Term as dismissed the second cause of action set out in the complaint. The plaintiffs, as co-partners, entered into a contract with the defendant for constructing a sewer and appurtenances. This action was brought to recover upon two causes of action alleged by the plaintiffs to arise under the contract. Under the direction of the court the plaintiffs recovered their claim under the first cause of action, which was…
1Per curiam
By the terms of the contract made between the plaintiffs and the city, which provided for the construction of a sewer, the commissioners of the park department were authorized to appoint an inspector of the materials fur nished and the work done, “ and to see that the same corresponded with said specifications and plans.” The plaintiffs further agreed in the contract that the certificate of the inspector that the work liad been faithfully performed in accordance with the requirements of the contract, approved by the engineer of the commissioners, should be a condition precedent to their right…
2Cited by9 opinions
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Campbell Building Co. v. State Road CommissionUtah Supreme Court · 1937
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Camden Iron Works v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
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