
    William G. Fraser, Respondent, v. The City of Buffalo et al., Appellants.
    (Argued May 25, 1926;
    decided June 9, 1926.)
    
      Municipal corporations — Buffalo (city of) — taxpayer's action — city restrained from making payments on contract on ground that it was illegally awarded.
    
    
      Fraser v. City of Buffalo, 215 App. Div. 861, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 15, 1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term in a taxpayer’s action brought under section 51 of the General Municipal Law to have adjudged illegal a contract entered into by the city of Buffalo for certain plumbing work, on the ground that (1) the bid of the appellant Shaddock did not specify the credits to be allowed for water closets and slop sinks, which could be used again; (2) because the bid did not contain separate bids on the six so-called separate items, and (3) because the bid, as submitted, left it open to the contractor to claim that it did not include the so-called additional items.
    Judgment affirmed, with costs;
    
      Frederick C. Rupp, Corporation Counsel {Frank C. Westphal of counsel), for city of Buffalo et al., appellants.
    
      Frank J. Fitzpatrick for William E. Shaddock, appellant.
    
      Henry Adsit Bull for respondent.
   no opinion.

.Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Absent: Lehman, J.  