103 N.Y. 260 | NY | 1886
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So far as the petitioner's appeal touches the validity of the contract, it must fail, because of the action of the commissioners, and for reasons which led to our decision In theMatter of Kendall (
The learned counsel for the petitioner calls our attention to the Matter of Lilienthal (28 Hun, 641), and to the HoughtonCase (20 id. 395). In the first, the opinion of the court does not appear, and we have no means of knowing the circumstances of the case, or the view taken of them. The other seems to have turned upon a provision of the contract then in question. In the case before us the contract is not produced, nor is there evidence that it contains the provision on which reliance was placed in the case cited.
So far, therefore, as the order of the General Term modifies the order of the Special Term, it should be reversed, and the order of the Special Term affirmed, but in other respects the order of the General Term should be affirmed, and the petition dismissed, with costs to the city of New York.
All concur.
Ordered accordingly.