New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-24
SETTING ASIDE FRAUDULENT CONTRACTS.
THE RIGHTS or THE CITY AND THE DUTY OF
OFFICIALS.

OFFICIALS.
To the Lditor Of Thc TribrRc.
SIR: Something can be done about the
fraudulent City contracts which yOu have exposed That
something is this. Apply we!lsettlcd rules OF law TO
these c0incidently fraudulent contracts on unbalanced
bids. An action always lies 10 reform contract, II
entered into by mistake, set ii aside If obtained by
fraud Either fraud or mistake exists in these unnal
anoed bids. 1t matters not which Take the Brady
loo as an example SIS cubic yard for eXcaVating earth
is grossly excessive sum, Onequarero OF cent Tor eX'
cavating rock grossly inadequate The concurrence o.
these tw sums in bid is enough 70 excite suspicion
Now when il turn, out the amount OF earth and
rock 10 be excavated been iuaccuracy estimated
that Brady will get SIP 900 for what he protested TO be
willing to do for $1j676, common sense at once saws,
here must be some mistake or fraud. Law Is common
sense and when citizen goes the bench judge.
or into ajlyman, lac il bound 10 carry his
common with him. not leave II behind He bound
toske The same from proved facts the bench
or in the box as b. does elsewhere In such case as
this the law allows the inference which common sense
makes.
For the law speaking IN ola case In this state" rs IL
has always spoken and will speak gain. II invoked, says
Frand may presumed from the nature OF the ranSac
tiOn nadequacy OF consideration the relation character
capacity aud connection OF the parties. Here is the
whole thing in nutshell. An estimlte was made which
turns ont to have incorrect Either the ctys
and Brady both honestly mistaken (can ii bc . a. To
the relative 3mOuns OF rock aud EARN 10 he d&cYatc
in which case the contract be reformed the ground
of utua mistake and made TO correspond with the bid
or they knew better in which case tue contract can
e sci aside on ground Of fraud the ctys agent
was honestly - mistaken aud Bra ~ not IN
case city st has right OF redress for Brady on that
,uppo-iiuu guilty OF fraudulent suppression of the
ruth and mistake side and fraud the Other at
Il I'd right 10 obtain relief from contract which would
not have been entered into had ID not cOncurrcd.
An action aside reform each contract Is not the
only course Other ways may be adopted, by which the
city may defend treasury from these assaults, worse
than burgarOus because done In The name OF the law
under the gtise OF a solemn contract.
This il suffice for the present. In the name OF the
taxpayers VINO TO be deirauded. we demand that
actions begun TO set aside or reform every
contract on an unbalanced hid where the amount be
received is grossly in excess Of the amount the
tractor profesSed by his bid lac willing TO take, to
warrant toe Inference that there rdd or mistake
Int for which It would have been signed by honest
officials II such actions begun IN good faith. and
prosecuted In good faith the contractors Will
10 stand suit but will settle what IN fairness they cIgh
to receive
Has the Corporation Co nsel the nerve 10 do ths Has
the Comptroller the compel II to bc dOne Has
The Mayor attack the Commissioner OF Pub
lie WOIksi This Is what such q course might involve
for the tracks of the foxes lead 10 the Hons den.
Nelc- YOr, Dec. %, 1888, LAWYER.