127 N.Y. 64 | NY | 1891
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The plaintiff claims that the contract entered into by the park commissioners for the paving of Fillmore avenue is invalid, because the assessment therefor had not been previously confirmed by the common council. This claim is based upon a section of the charter of the city of Buffalo, which prohibits that city from entering into a contract for any work or improvement, with certain immaterial exceptions, at a price exceeding five hundred dollars, "until the assessment therefor has been confirmed." (L. 1870, ch.
The park commission was organized by chapter
The interpretation of a statute should accord with its meaning and a liberal rather than a literal construction should prevail when it leads to a discovery of the real intention of the legislature. (Dwar. on Stat. 690; Ploud. 205.)
The contract as embraced in the written proposal and the resolution of acceptance was between the defendant Barber and the park commissioners, not between the city and Barber. While the written agreement was in form between "the city of Buffalo by the park commissioners," it was notwithstanding the contract of the commissioners, as an independent department of the city, as appears from the reference therein to the proceedings of the board upon which it depended for validity. *70 As the city was to pay for the work and to have the sole benefit thereof, the contract was its contract in that sense, but not within the meaning of said section nineteen, which refers to contracts made by the regular officers of the municipal government, and not to those made by a separate department possessing independent corporate powers. The subject has been so fully considered by the learned General Term as to require no further discussion on our part.
The judgment should be affirmed, with costs.
All concur, except BRADLEY and HAIGHT, JJ., not sitting.
Judgment affirmed.