Board of Education v. Frank G. Cook & Sons, Inc.

Appellate Division of the Supreme Court of New York

Board of Education v. Frank G. Cook & Sons, Inc.

246 A.D. 685

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

Judgment affirmed, with costs. All concur, except Thompson, J., who dissents and votes for reversal on the law on the ground that there was a question of fact for the jury as to whether the representative of the defendant Cook notified the board of education at the time of the opening of the bids of the existence of a material mistake and a withdrawal. (The judgment is for plaintiff by direction of the court in an action on a bond filed with a bid for heating and ventilating work on a school.) Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment affirmed, with costs. All concur, except Thompson, J., who dissents and votes for reversal on the law on the ground that there was a question of fact for the jury as to whether the representative of the defendant Cook notified the board of education at the time of the opening of the bids of the existence of a material mistake and a withdrawal. (The judgment is for plaintiff by direction of the court in an action on a bond filed with a bid for heating and ventilating work on a school.) Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.

Board of Education v. Frank G. Cook & Sons, Inc., 246 A.D. 685 (N.Y. Ct. App. 1935).

Pincite

246 A.D. 685 (Board of Education v. Frank G. Cook & Sons, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.