Stanhope Contracting Co. v. City of New York

Judgment unanimously affirmed, with- costs. We agree with the learned justice at Special Term that the evidence does not justify plaintiff’s claim of unreasonable or arbitrary action by the defendant’s engineer under the provisions of the contract, or that the engineer acted in bad faith, and that plaintiff failed to show any breach of the contract by defendant. Present — Jenks, P. J., Rich; Putnam, Kelly and Jaycox, JJ.