Trimble v. Spillman
New York Supreme Court
Action by William D. Trimble and others against Edward O. Spill-man and others to enjoin the letting of a pavement contract. Injunction continued.
1Opinion of the CourtPound, J.
(orally, at conclusion of trial). [1] The improvement ordered is based on a petition which calls for “Bitulithic or Tarvia, or such other similar material as shall furnish a smooth, dust-absorbing and enduring pavement.” No charge of corruption or bad faith is made against the board of public works, and the first question presented to the court is whether it was lawful for the board on this petition to let the contract for the pavement of Tremont street with Dolarway pavement, so called. Dolarway pavement is a “similar material” to Bitulithic or Tarvia, within the meaning of the petition, and…
2Cases cited1 opinion
- Bradshaw v. City of JamestownAppellate Division of the Supreme Court of the State of New York · 1908