Sherman v. Mayor

New York Court of Appeals

Sherman v. Mayor

4 How. Pr. 442

DecidedJune 15, 1848

StatusPublished

This text of 4 How. Pr. 442 (Sherman v. Mayor) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherman v. Mayor, 4 How. Pr. 442 (N.Y. 1848).

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Opinion

This was a question, whether under a written contract to pay seven cents per cubic yard for executing the digging and refilling, the lowest price for excavating common earth, the contractor who executed the work, could charge more than the contract price, where it appeared that a portion of the digging was through hard-pan and rock, and worth much more per cubic yard. Held, that the contract price must govern. (Reported, 1 Comstock, 316.)

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This was a question, whether under a written contract to pay seven cents per cubic yard for executing the digging and refilling, the lowest price for excavating common earth, the contractor who executed the work, could charge more than the contract price, where it appeared that a portion of the digging was through hard-pan and rock, and worth much more per cubic yard. Held, that the contract price must govern. (Reported, 1 Comstock, 316.)

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Bluebook (online)

4 How. Pr. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-mayor-ny-1848.