TIBBETTS CONTRACTING CORP. v. DAVIS


13 A.D.2d 877 (1961)

Tibbetts Contracting Corporation, Appellant, v. Howard R. Davis et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 23, 1961


The complaint generally alleged an agreement between plaintiff and the Village of Margaretville — the defendants were the Mayor and Trustees — for work on its village streets and further that after partial performance it was cancelled as the result of a resolution duly adopted by the defendants in their official capacities. The complaint then alleged that the defendants were not authorized to enter into the contract on behalf of the village; that their acts...

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