Leitch Manufacturing Co. v. State

Claimant contracted with - the State to install sub and finished floors at the Biggs Memorial Hospital at Ithaca. This suit arises out of that portion of the contract dealing with the sub floors, which were required to be of light duty mastic consisting of prescribed proportions of Portland cement, asphalt emulsion and sand. The dispute involves the contract provision which read: “ The thickness of the light duty mastic will vary from a feather edge to 1\ inches thick with an average depth of about f inch.” (Contract, art. 2428, Exhibit 8.)

Claimant alleges that this was a misrepresentation on…