National Contracting Co. v. Hudson River Water Power Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 15, 1907, modifying and affirming as modified a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 15, 1907, modifying and affirming as modified a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The acts of the defendant in refusing to permit the plaintiff to build the dam origin ally called for, and in insisting that it construct a dam fundamentally and structurally different, were wholly unauthorized by the contract and constituted a breach thereof by the defendant…
1Opinion of the Court
Cullen, Ch. J.
On May 18th, 1900, the plaintiff and defendant entered into a written contract whereby the plaintiff, in consideration of payments to be made by the defendant, agreed to construct a dam across the Hudson river at a point near Palmer’s Falls, in the county of Saratoga. Prior to the execution of the contract the defendant had solicited proposals for the work from various contractors, submitting to such parties the specifications of the proposed structure and a letter explanatory of its general design. The letter stated that the dam would consist “ of an earth-dam with a central…
2Cases cited2 opinions
- Haggart v. . MorganNew York Court of Appeals · 1851
- National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1902
3Cited by63 opinions
- Hanks v. City of Port ArthurTexas Supreme Court · 1932
- Hanks v. City of Port ArthurTexas Supreme Court · 1932
- Morse v. City of BostonMassachusetts Supreme Judicial Court · 1925
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- Maryland Casualty Co. v. City of South NorfolkCourt of Appeals for the Fourth Circuit · 1932
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