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eBook details

• Title: Potts v. Village of Haverstraw
• Author : Second Circuit Circuit Court Of Appeals
• Release Date : January 13, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

This is an appeal from a judgment, dismissing an amended complaint in an action in contract, upon motion of the defendant under subdivision 6 of Rule 107 of the New York Rules of Civil Practice, on the ground that the "cause of action did not accrue within the time limited by law for the commencement of an action thereon." The case has already been before this court; it was tried to a jury which rendered a verdict for the plaintiff on which a judgment wad entered, which we reversed in Potts v. Haverstraw, 79 F.2d 102. The original complaint was laid upon a contract made on July 2, 1928, between the plaintiff, a civil engineer, and the defendant for his services in preparing and superintending the construction of some new village water works. We reversed the judgment because the board of trustees had not provided for the money necessary for the project before the contract was executed, as required by section 128-a of the New York Village Law (Consol.Laws, c. 64); but we suggested that perhaps the plaintiff might have an action on a quantum meruit. Acting on this, on June 8, 1936, he moved for leave to file an amended complaint, which was granted in August, and he filed the complaint now in question on October 10, 1936. It was in two counts; the first, for the reasonable value of his services until September 20, 1928, which had enabled the village authorities to decide whether to establish the water works; the second, for later services which enabled the board of trustees to make application to a state commission for its approval. The first count was for 1 1/2% of the estimated cost of the construction; the second, for 3 1/2% of the same amount. The services began on August 8, 1928, by a letter to the village water board, accompanied by an engineering report, maps, detailed plans of the various parts of the water works, proposed contracts and specifications, and other necessary information; followed on August 15th by another report, covering the cost of operation and the size of the bond issue required. The water board used these documents as the basis of its report to the village trustees on August 20th, 1928; and the trustees used them as the basis of their resolution of September 4th, proposing a bond issue, and also as the basis of the village referendum of September 20th. On August 30th the plaintiff submitted further details to the water board, and he and his assistants examined and made surveys of possible sources of supply and consulted with the village authorities; on September 27th he furnished a report of the trustees as to the probable cost of, and income from the water works; and on September 28th two sets of blue prints, and three sets of a survey map with an engineering report and detailed estimates of cost. These documents were the basis of a resolution of the trustees, authorizing a petition to the state commission for its approval, which the plaintiff prepared on October 10th, followed by a letter to the commission on January 5th, 1929. The catalogue of services ends with the plaintiffs attendance upon a hearing before the commission on February 14, 1929. Each could alleged that the plaintiff had submitted to the defendant a "bill or account" for the services in suit on April 15, 1936, in accordance with subdivision 21 of section 89 of the New York Village Law, and that the defendant had refused to pay it. The original complaint had also been in two counts; the first, upon the written contract of employment in which the plaintiff alleged that on November 7, 1929, more than thirty days before the commencement of the action, he had presented to the trustees a "bill or account" for $65.17, his expenses for blue prints, plates, etc.; the second count concerned matters not relevant here.

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