Bleecker v. Mayor of New York

Citations

• 7 Daly 439

Syllabus

<p>The Board of Commissioners of the Sinking Fund of the city of New York having passed a resolution employing the plaintiff! to make an appraisal of property belonging to the city and county of New York, and by the same resolution having required the comptroller of the city of New York to make satisfactory arrangements with him as to his fees, and the plaintiff having arranged with the comptroller to leave the amount of his compensation to him upon the comptroller’s promise that it should be liberal and satisfactory, and the comptroller never after-wards having fixed the amount:—Held, that the plaintiff was entitled only to such sum as the jury should find was a reasonable compensation for the services performed by the plaintiff.</p> <p>Held, farther, that after the services had been performed, a resolution of the hoard fixing the plaintiff’s compensation at a certain sum did not, in the absence of the plaintiff’s having acted upon the resolution by consenting to accept in payment for his services the sum so fixed, form a contract between the plaintiff and the hoard, and that the board having afterwards rescinded the resolution, it gave the plaintiff no right to recover that amount in an action against the city of New York.'</p> <p>It seems, that the Board of Commissioners of the Sinking Fund of the city of New York have no power to have made, at the expense of the city of New York, an appraisal of county property, nr of property the management of which is not within the scope of, or has no relation to, the powers and duties of that hoard.</p>