The Bowery National Bank, Appellant v. the Mayor, Aldermen and Commonalty of the City of New York, Respondents

Summary

The New York Court of Appeals reversed the dismissal of the plaintiff's breach of contract action, holding that the water purveyor's refusal to issue the required certificate, even though based on an injunction, was unreasonable. Accordingly, the contractor was not excused from the condition precedent and is entitled to a new trial on the merits.