D'Onfro v. State

Brewster, J. (dissenting).

I dissent. To my mind the court below correctly determined that the weight of evidence clearly established that claimants breached their contract with the State in failing to progress their work thereunder as called for thereby, and that because thereof, their contract was lawfully and properly canceled as authorized thereby and by section 10 of the Highway Law. The clear weight of evidence sustains the finding that the State, did not waive claimants’ *14breach of contract and that there was nothing to preclude its lawful cancelation on January 9, 1937. Claimants…