City of New York v. Third Nat. Bank

Citations

• 221 F. 175
• 137 C.C.A. 75
• 1915 U.S. App. LEXIS 1301

Syllabus

<p>1. Trial <@=>177—Directed Verdict—Effect.</p> <p>Where both parties moved for a directed verdict, all controverted issues of fact are conclusively determined in favor of that party for whom the verdict was directed.</p> <p>[Ed. Note.—For other cases, see Trial, Cent. Dig. § 400; Dec. Dig. <S=> 177.</p> <p>Operation and effect of motions by both plaintiff and defendant for direction of verdict, see note to Bare v. Scatcherd, 77 C. C. A. 8.]</p> <p>2. Municipal Corporations <@=>364—Improvements—Contracts—Forfeiture —Breach by Other Party.</p> <p>Where a city had failed to observe the requirements of the contract for payments to be made toithe contractor on certain dates, it could not avail itself of the right given it by the contract to declare it forfeited for delinquency by the contractor.</p> <p>[Ed. Note.—For other cases, see Municipal Corporations, Cent. Dig. § 897; Dec. Dig. <@=>364.]</p> <p>3. Municipal Corporations <@=>364—Contracts—Forfeiture—Breach by Other Party—Excuse.</p> <p>The fact that the statutes regulating the payment of money by the city were such that the payments could not he made within the time called for by tbe contract, while it might relieve the city from liability for damages for the delay, does not excuse its breach, so as to entitle it to enforce the forfeiture provision against the contractor.</p> <p>[Ed. Note.—For other cases, see Municipal Corporations, Cent. Dig. § 897; Dec. Dig. <@=>364.]</p> <p>4. Municipal Corporations <@=>374—Contracts—Modification—Course of Business.</p> <p>The fact that a contractor had for several years past received payment from the city on his contracts at dates later than-those provided in the contracts does not show a course of business modifying the contract, where there was evidence that the contractor frequently urged the city authorities to make the payments more promptly, as he needed the money to perform his contract.</p> <p>[Ed. Note.—Ifor other cases, see Municipal Corporations, Cent Dig. §§ 905,