New York Court of Appeals

Fred A. Holroyd, Appellants v. the Town of Indian Lake, Respondent

January 24, 1905180 N.Y. 318

Summary

The Court affirmed the dismissal of the complaint, holding that a town cannot be sued at law for unliquidated damages arising from a contract entered into by water commissioners, because the contract was not made by the town nor for its benefit; the proper remedy is a mandamus proceeding to compel statutory duties.