Parr v. President & Trustees of the Greenbush
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing a judgment upon a verdict. This action was brought to recover for work alleged to have been done and materials furnished in grading and laying a sidewalk on one of defendant’s streets.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing a judgment upon a verdict. This action was brought to recover for work alleged to have been done and materials furnished in grading and laying a sidewalk on one of defendant’s streets. A portion of the work was claimed to have been done under a contract between the parties executed December 20, 1870. The facts appear sufficiently in the opinion. Exceptions were ordered to be heard at first instance at…
1Opinion of the CourtEarl, J.
It is not disputed that the board of trustees of the village of Greenbush had authority to make the alleged contract of December 20, 1870. Such authority was conferred by the village charter (Laws of 1854, chap. 383, §16). It could be made at any meeting of the board regularly convened. There is nothing in the charter which requires that it should be in writing, formally executed by the parties. A simple resolution of the board, accepting the proposition of the other party, could make a contract, or a resolution of the board specifying the terms of the contract assented to by the other party…
2Cases cited1 opinion
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
3Cited by29 opinions
- Dement v. RokkerIllinois Supreme Court · 1888
- Inge v. Board of Public Works of MobileSupreme Court of Alabama · 1902
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
- Agawam National Bank v. Inhabitants of South HadleyMassachusetts Supreme Judicial Court · 1880
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