Legal Opinion

Ryan v. Bay City

Michigan Supreme Court

Decided March 22, 1910No. Docket No. 28PublishedCited by 3 opinions

Error to Bay; Dodds, J., presiding. Assumpsit by Patrick Ryan against the city of Bay City for a balance due upon a paving contract. A judgment for defendant is reviewed by plaintiff on writ of error.

1Opinion of the CourtHooker, J.

The plaintiff made a contract to do paving, according to specifications made a part of said contract, with Bay City. He was to furnish all material and labor and have the pavement completed on or before September 22d. In his contract it was provided that:

“ The board of public works of said Bay City shall have the right and power to determine finally all questions as to the proper performance of the contract, and as to the completion of the work of this contract specified, and in case of dilatory, improper or imperfect performance thereof to suspend the work covered by this contract or any…

2Cases cited3 opinions

  1. Schliess v. City of Grand RapidsMichigan Supreme Court · 1902
  2. Lamson v. City of MarshallMichigan Supreme Court · 1903
  3. Barber Asphalt Paving Co. v. Village of Highland ParkMichigan Supreme Court · 1909

3Cited by3 opinions

  1. Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
  2. Kanzius v. JenkinsSupreme Court of Kansas · 1916
  3. MW Capital Funding, Inc. v. Magnum Health & RehabCourt of Appeals for the Sixth Circuit · 2020

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