Clark v. . the Mayor, C. of New-York
New York Court of Appeals
Stephen Olakk and others brought assumpsit in the su- [339] preme court against the mayor, &c. of the city of New-York. The plaintiffs, in 1838, made a contract with the water commissioners of the city of New-York, to construct section 96 of the Croton aqueduct, including the receiving reservoir. The contract was under seal, executed by the plaintiffs and by Stephen Allen on behalf of the Water commissioners, of whom he was the chairman.
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Stephen Olakk and others brought assumpsit in the su- [339] preme court against the mayor, &c. of the city of New-York. The plaintiffs, in 1838, made a contract with the water commissioners of the city of New-York, to construct section 96 of the Croton aqueduct, including the receiving reservoir. The contract was under seal, executed by the plaintiffs and by Stephen Allen on behalf of the Water commissioners, of whom he was the chairman. The declaration contained a special count on the contract, stating it as made by the corporation of the city, and setting forth its terms and specifications.…
1Opinion of the CourtPratt, J.
The counsel for the plaintiffs abandoned upon the argument all claim to recover upon the special count, and conceded that they must recover, if at all, upon the common count for a quantum meruit. Upon this count, therefore, two qnes tions arise in the case, the first upon the right to recover, and the second upon the rule adopted for the assessment of damages.
Much of the apparent difficulty in this case results from the obscure manner in which the facts are stated in the special report. It is not easy to ascertain from the report the grounds upon which the plaintiffs’ right to recover was…
2Cited by36 opinions
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- Wright v. . ReusensNew York Court of Appeals · 1892
- Kinser Construction Co. v. . State of N.Y.New York Court of Appeals · 1912
- Joseph Scaduto v. Anthony J. Orlando, D/B/A A. J. Orlando Contracting Co.Court of Appeals for the Second Circuit · 1967
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