Olcott v. State — 237 N.Y. 537

Majority

p. 537

J. Van Vechten Olcott, as Receiver in Bankruptcy of the Ferguson Contracting Company, Appellant, v. State of New York, Respondent.

Headnote

State — contract for public work — refusal by contractor to perform after alteration by state of terms of contract — claim for extra work and material and damage by delay dismissed.

Olcott v. State of New York, 203 App. Div. 837 , affirmed.

(Argued October 25, 1923;

decided December 27, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1922, which affirmed a judgment of the Court of Claims dismissing a claim against the state to recover for alleged extra work and materials furnished and damages for delay and for interference by the state in the performance of work under a contract for the construction of a portion of the Barge canal. The defense was that the contractor breached his contract by refusing to perform after certain alterations of its terms by the state.

p. 538

Brainard Tolies and Richard E. Dwight for appellant.

Carl Sherman, Attorney-General (Wilber W. Chambers of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hogan, Pound, McLaughlin and Crane, JJ. Dissenting: His cock, Ch. J., Cardozo and Andrews, JJ.