Plaintiff was awarded the contract and signed it but the defendant village refused to allow him to perform it inasmuch as he failed to provide the performance bond required by the bid specifications. The complaint is deficient in failing to allege compliance with section 341-b of the Village Law, applicable to an action "upon or arising out of a contract of the village". Plaintiff characterizes the action as for money had and received and as predicated upon unjust enrichment...
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