Pratt v. City of Schenectady — 226 N.Y. 653

Majority

p. 653

Walter L. Pratt et al., Respondents, v. The City of Schenectady, Appellant.

Headnote

Pratt v. City of Schenectady, 178 App. Div. 944 , affirmed.

(Argued April 16, 1919;

decided May 2, 1919.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1917, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The action was on contract to recover extra compensation due to changes and alterations in plans for the construction of a sewage disposal plant. The defense was that the extra work had not been previously authorized by written order of the engineer as required by the terms of the contract.

John D.. Miller, Corporation Counsel (Maurice B. Flinn of counsel), for appellant.

p. 654

John Alexander and William Dewey Loucks for respondents.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.