Clarke Contracting Co. v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18,1918, modifying and affirming as modified a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18,1918, modifying and affirming as modified a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was the duty of the defendant to have in readiness on January 2, 1914, the date of the commencement of the term named in the contract, the fourteen water-front dumps designated therein, and the failure to deliver possession of four of the said dumps at that time was a breach of the contract…
1Opinion of the Court
Hiscock, Ch. J.
The plaintiff is the assignee of a contract made with the city of New York. The purpose of this contract as stated therein was “ to provide for the loading and trinrming of the deck scows, dumpers and other vessels at the water front dumps of the Department of Street Cleaning in the Borough of Manhattan, of the ashes, rubbish and street sweepings delivered at said, dumps ” for the term of three years commencing January 2, 1914, with the right of renewal. In addition to fmnishing the labor necessary for loading and trimming the various vessels by which this material was to be…
2Cases cited3 opinions
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- Leopold v. SalkeyIllinois Supreme Court · 1878
- City of New York v. . Delli PaoliNew York Court of Appeals · 1911
3Cited by13 opinions
- Collins v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1973
- Coughlin v. BlairCalifornia Supreme Court · 1953
- Trapkus v. Edstrom's, Inc.Appellate Court of Illinois · 1986
- Southland Corp. v. MirDistrict Court, E.D. New York · 1990
- Cycleway, Inc. v. Kawasaki Motors Corp., U. S. A.New York Supreme Court · 1974
8 more not listed; retrieve them via the Exa API.