James Berardi, Inc. v. Callanan Industries, Inc.

Appeal from a judgment of the Supreme Court, entered April *80526, 1977 in Ulster County, upon a verdict at Trial Term in favor of plaintiff. This is an action to recover damages for defendant’s alleged breach of a written contract in failing to deliver materials to plaintiff’s job site. Plaintiff was the successful bidder on certain work to be performed at a project known as the Kingston Uptown Renewal Program. By a letter dated March 6, 1973 defendant offered to supply plaintiff with all its requirements for crushed stone and blacktop for the project. The pertinent language of the document reads…