Molloy v. Village of Briarcliff Manor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Village of Briarcliff Manor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of, the-clerk of the county of West-chester on the 26th day of July, 1910, upon the decision of the court, rendered after a trial at the Westchester Trial Term, the jury having been excused by consent.
1Opinion of the Court
ÜARR, J.:
The defendant appeals from a judgment against it for the sum of $10,680.48 damages and costs, recovered by the plaintiff as an alleged balance due under a written contract between the parties for the construction of a public highway of the defendant. The contract in question was based upon plans and written specifications which in express terms were made a part of the contract itself. 4 It provided for the doing of all the work and the furnishing of all the materials required by the plans and specifications for the lump sum of $31,900. The contract further provided as follows: “ For…
2Cases cited12 opinions
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Langley v. . RoussNew York Court of Appeals · 1906
- Perkins v. . GilesNew York Court of Appeals · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Palmberg v. City of AstoriaOregon Supreme Court · 1924
- Uvalde Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Wade v. City of TacomaWashington Supreme Court · 1924
- Williams v. Hamilton Fire InsuranceAppellate Terms of the Supreme Court of New York · 1922
- Freeman v. Ralph Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1921
11 more not listed; retrieve them via the Exa API.