# Barker v. Town of Oswegatchie

> New York Supreme Court · November 30, 1891 · 16 N.Y.S. 727

URL: https://www.frixlaw.com/law-library/cases/5501788

## Case

- **Full name:** Barker v. Town of Oswegatchie
- **Court:** New York Supreme Court
- **Decided:** November 30, 1891
- **Citations:** 16 N.Y.S. 727; 41 N.Y. St. Rep. 821; 1891 N.Y. Misc. LEXIS 2210
- **Precedential status:** Published
- **Opinion:** Dissent by Landon
- **Judges:** Landon, Mayham
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5501788

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5501788. Public record. Not legal advice.