Randall v. Van Vechten
New York Supreme Court
THIS was an action of covenant, tried before Mr. Just‘ce Van Ness, at the Albany circuit, in October, 1819. Articles of agreement, under the hands and seals of the Part*es) were entered into oti the 23d of February, 1816, “ between Tunis Van Vechten, James Warren, Charles D. Cooper, Chauncey Humphrey, and Isaac I. Freyer, a committee appointed by the honourable the corporation of the city of Albany, for that purpose, of the first part; and John Randall, jun. of the second…
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THIS was an action of covenant, tried before Mr. Just‘ce Van Ness, at the Albany circuit, in October, 1819. Articles of agreement, under the hands and seals of the Part*es) were entered into oti the 23d of February, 1816, “ between Tunis Van Vechten, James Warren, Charles D. Cooper, Chauncey Humphrey, and Isaac I. Freyer, a committee appointed by the honourable the corporation of the city of Albany, for that purpose, of the first part; and John Randall, jun. of the second part.’’ By this agreement, the plaintiff, who is a surveyor, engaged to survey the city of Al-^any, without unnecessary…
1Opinion of the CourtPlatt, J.
Without scrutinizing the evidence, I incline to the opinion, that there has been no breach of the contract on the part of the plaintiff, and that he has been willing to proceed in the proposed work, without unreasonable delay. The fair construction of the evidence, I think, warrants the conclusion, that the change of times had produced a change of views and wishes on the part of the corporation: that in fact it was inconvenient to make the progressive advances of money ; and deeming it an improvident undertaking, they were willing and desirous to get rid of the contract.
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