New York Court of Appeals
Pomeroy P. Dickinson, Appellants v. the City of Poughkeepsie, Respondent
November 12, 187875 N.Y. 65
Summary
The Court of Appeals held that the contract awarded to the plaintiffs for constructing the College Hill reservoir was void because it was not awarded to the lowest bidder as required by the 1867 statute, and therefore the plaintiffs had no enforceable right of action, including no recovery on quantum meruit. The Court also concluded that the term "earth" in the contract includes hard‑pan, so the plaintiffs were not entitled to additional compensation.