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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1935

StatusPublished

This text of 246 A.D. 685 (Board of Education v. Frank G. Cook & Sons, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

246 A.D. 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-frank-g-cook-sons-inc-nyappdiv-1935.