Sawyer v. Dudley

— Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered October 24, 1983 in Essex County, which granted defendant’s motion for summary judgment dismissing the complaint, f The parties entered into a written contract, dated March 29,1976, whereby plaintiff was to screen and deliver to defendant’s place of business a certain amount of sand and gravel of specified sizes to be used in defendant’s leach bed. Between May and July, 1976, plaintiff removed, screened and delivered sand and gravel to defendant’s premises. A dispute arose as to how much sand and gravel…