Hugh Reilly, as Executor v. the City of Albany, Appellant

Summary

The Court affirmed the judgment for the plaintiff, holding that the contractor substantially performed the street‑improvement contract and was entitled to the contract price. The city’s refusal to levy an assessment after the street commissioner’s certificate constituted a breach of its contractual duty to diligently procure payment. The board of contract and apportionment lacked authority to rescind the commissioner’s certificate or to withhold assessment.