Moylan v. City of New Orleans
Supreme Court of Louisiana
1 PPEAL from the Superior District Court, parish of Orleans. xjl kins, J. Ilaw- The points upon which we rely are, then, these: First — That all actions against the city of New Orleans, for work or labor done, either under a contract, or for damages, or extra work* are prescribed, unless commenced within one year from the time the-contract was to be performed.
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1 PPEAL from the Superior District Court, parish of Orleans. xjl kins, J. Ilaw- The points upon which we rely are, then, these: First — That all actions against the city of New Orleans, for work or labor done, either under a contract, or for damages, or extra work* are prescribed, unless commenced within one year from the time the-contract was to be performed. R. S. 2822, and Act No. 91 of 1858. ■Second — That under twenty-fourth section of the city charter of 1870, Act No. 7, Extra Session of 1870, the city could not contract to improve, pave, grade, or lay banquettes at its own costs, but…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiff claims that, under a contract with the -city of New Orleans, entered into in November, 1870, he has filled, graded, and prepared the ground on St. Charles Avenue, between Tole- ■ daño and State streets, to fit it to receive the pavement of Byrnes’ Improved Patent Banquetting, which was to be laid down by the patentees, And that by the labor so done and materials thus furnished, and for other items, he is entitled to recover from the city of New Orleans the .sum of §2205 74.
An examination of the contract relied upon by the…
2Cases cited1 opinion
- Iron City N. Bank v. McCordSupreme Court of Pennsylvania · 1891
3Cited by4 opinions
- Grasser Contracting Co. v. City of New OrleansLouisiana Court of Appeal · 1927
- Citizens' Bank of Des Moines v. City of SpencerSupreme Court of Iowa · 1904
- Bruning v. City of New OrleansSupreme Court of Louisiana · 1908
- Gosserand v. City of GretnaLouisiana Court of Appeal · 1928