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Contracts Keyed to Summers
Haines v. City of New York
Citation:
41 N.Y.2d 769, 364 N.E.2d 820Facts
In 1924, the City of New York (“the City”) (defendant) entered into an agreement to construct a sewage system. The agreement required the City to extend the sewer lines when “necessitated by future growth and building constructions of the respective communities.” The sewage plant was completed and began operation in 1928. The average flow of the plant eventually increased from 118,000 gallons per day to over 600,000 gallons daily. Haines (plaintiff) owned a tract of land that he sought to develop into 50 residential lots. Haines requested permission from the City to connect the sewage lines to the lots. The City refused permission on the ground that it was presently operating at full capacity. Haines sued the City, alleging that the 1924 agreement was perpetual in duration and obligated the City to enlarge the existing plant or build a new one.
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