John Weston, as Surviving Partner, Respondent v. the City of Syracuse, Appellant

Summary

The New York Court of Appeals reversed the lower court's judgment and remanded for a new trial, holding that the Syracuse common council had authority to modify the sewer contract, that the engineer's certificate satisfied the payment condition, that the contractor could sue for breach when the city failed to collect the assessment, that the council's resolution was an administrative act subject to judicial review, and that a fraudulently obtained resolution is void.