Smith v. . Syracuse Improvement Company
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 10, 1897, reversing a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 10, 1897, reversing a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term, and granting a new trial. August 20th, 1894, a petition bearing date August 15th, praying for the paving of Liberty street, in the city of Syracuse, “ with vitrified paving brick, maufactured by The New York Brick & Paving Company of Syracuse, N. Y.,” and signed by the requisite number of owners of property abutting on said street, was…
1Opinion of the Court
Parker, Ch. J.
The plaintiff as a taxpayer commenced this action upon the theory that the common council of Syracuse had not awarded the contract to the lowest bidder, and this necessarily was so, if the two proceedings referred to were in fact orte; for while the bid of the defendant, the Syracuse Improvement Company, was the lowest for asphalt sheet pavement, it was not as low as the bids for paving with vitrified paving brick. The two proceedings, while instituted by the same persons, were commenced at different times and were treated by the common council as proceedings bearing no relation…
2Cited by23 opinions
- Gerzof v. SweeneyNew York Court of Appeals · 1965
- Saunders v. City of Iowa CitySupreme Court of Iowa · 1907
- Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
- Pacella v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1959
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