City of New York v. . Delli Paoli
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was brought by the city to recover upon a bond of the defendants, which was executed to secure the performance by the defendant Delli Paoli of a contract with the city and which was required to be furnished.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was brought by the city to recover upon a bond of the defendants, which was executed to secure the performance by the defendant Delli Paoli of a contract with the city and which was required to be furnished. The contract related to the right to pick over refuse matter at “dumps” established by the street cleaning department. The department…
1Opinion of the CourtGray, J.
The principal question of law, which has survived the affirmance of the judgment and which is presented upon this appeal, concerns the validity of the contract between the city and Delli Paoli. The appellants argue that it was “ unilateral and void for lack of mutuality.” It is insisted that the instrument sued upon as the contract contains no covenant on the part of the city and imposes no obligation upon it. Of course, if it is the fact that the city- had not bound itself to do anything, which, as an obligation, was enforceable by Delli Paoli, then the instrument lacked an essential element…
2Cases cited2 opinions
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- Mayor, Etc., of New York v. . SonnebornNew York Court of Appeals · 1889
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- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Paige v. . FaureNew York Court of Appeals · 1920
- Edison Electric Illuminating Co. v. ThacherNew York Court of Appeals · 1920
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