Powers v. . City of Yonkers
New York Court of Appeals
Appeal by the defendant, the city of Yonkers, from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 10,1887, which affirmed a judgment in favor of plaintiff entered upon (decision of the court on trial at Special Term.
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Appeal by the defendant, the city of Yonkers, from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 10,1887, which affirmed a judgment in favor of plaintiff entered upon (decision of the court on trial at Special Term. On the 18th of August, 1883, the defendant George B. Valentine entered into a contract with the city of Yonkers, a ¡municipal corporation, for grading, curbing and otherwise improving Walnut street in that city, according to certain plans .and specifications. Said Valentine agreed to finish the work within one…
1Opinion of the CourtVann, J.
On the 14th of September, 1885, the city engineer reported to the common council that the time to complete the contract had expired long before, and “also that the contractor has neglected to provide a sufficiency of workmen and material and failed to supply the same with such due diligence that the comparatively small amount of work remaining to be done thirty days ago has not been promptly prosecuted to completion, nor will it be finished this fall at the present rate of progress.” Two weeks later, after due notice to the contractor of its intention to forfeit the contract if he did not…
2Cited by3 opinions
- Shannon v. AbramsSupreme Court of Kansas · 1916
- Delafield Construction Co. v. SayreSupreme Court of New Jersey · 1897
- City of Conneaut v. StraussAshtabula County Court of Common Pleas · 1910