Appellate Division of the Supreme Court of the State of New York March 4, 1908 (Bradshaw v. City of Jamestown)

Kruse, J.:

I agree with Mr. Justice Woodwabd in the conclusion reached by him, and stated in his opinion at Special Term, that the guaranty clause of the contract relating to repairs goes beyond a mere warranty of good workmanship and titness of the material intended for use in paving the street, thus imposing an additional burden upon the abutting owners beyond what the charter of the city of