Opinion

Barker v. Town of Oswegatchie

  • 16 N.Y.S. 727
  • 41 N.Y. St. Rep. 821
  • 1891 N.Y. Misc. LEXIS 2210
Court
New York Supreme Court
Filed
Nov 30, 1891
Status
Published
Author
Landon
On the bench
Landon, Mayham
Cited by
0 cases

The opinion

Landon, J.,

(dissenting.) The contract made by Wagner, commissioner of highways, with the Berlin Iron Bridge Company being valid, practically exhausts the subject, though it may be possible for the board of supervisors to provide for making a second and wholly unnecessary contract with the King Iron Bridge Company for the same work, as to which I have grave doubts. Be that as it may, the court should do what it can to put a stop to double expenditure for the work. I therefore advise upholding this injunction, without prejudice to the plaintiff’s remedy for damages for breach of the contract with him.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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