Johnson v. City of New York
Joseph Johnson Et Al., Copartners Under the Firm Name of Joseph Johnson’s Sons, Respondents, v. the City of New York, Appellant
Johnson v. City of N.Y., 132 N.E. 890 (N.Y. 1921)
Headnotes
Contract — construction of sewer — suspension of work — when contractor may recover for loss arising therefrom.
Summary
Appeal, by permission, from a judgment of the Appellate-Division of the Supreme Court in the second judicial department, entered March 30, 1920, unanimously affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The action was on contract to recover for losses incurred through suspension of the work thereon for seventy-two days through failure of the board of estimate and apportionment to appropriate funds for payment of the necessary engineering and inspection force. The defense was that suspension of the work without compensation was authorized by the contract. The Appellate Division held that an implied obligation to furnish the necessary funds rested upon defendant and that it had failed to sustain such obligation.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Judgment affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Chase, Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 18 cases
View all citing references →- Federal Specialty Courts1
- State Highest Courts4
- State Appellate Courts7
- State Trial Courts3
- State Specialty Courts3
Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.