Legal Opinion
Lambert Construction Company v. Socony Mobil Oil Company, Inc.
Court of Appeals for the Second Circuit
Decided March 21, 1961No. 100, Docket 26345PublishedCited by 1 opinion
1Opinion of the Court
WATERMAN, Circuit Judge.
Plaintiff contracted to purchase 105,-000 gallons of asphalt binder from defendant to be used by plaintiff on a highway construction job for the State of Vermont. The contract of sale provided that the asphalt binder meet “Vermont State Specifications.” Delivery was timely effected. On June 29, 1957 freight car number UTLX 61610 containing the asphalt involved in this litigation arrived at the construction site. A sample had been taken from this ear on June 27 at the time the car was loaded at East Providence, R. I. This sample, submitted to the Vermont state…
2Cases cited2 opinions
- Springfield Cooperative Freeze Locker Plant, Inc. v. WigginsSupreme Court of Vermont · 1949
- Oakdale Farms, Inc. v. Rutland R.R. Co.Supreme Court of Vermont · 1932
3Cited by1 opinion
- Southcenter View Condominium Owners' Ass'n v. Condominium Builders, Inc.Court of Appeals of Washington · 1986