Fred E. Gross & Son v. State

Sears, J.:

In the summer of 1915 the claimant was the successful bidder for the construction of the Barnes Corners-West Lowville Highway, No. 1300, part 2, in Lewis county. The contract for the work was dated July 22, 1915. The claimant soon entered upon the construction of the highway and in May or the early part of June, 1916, discontinued work on the contract claiming that it was justified in so doing and is entitled to damages for two reasons, first, because of a breach of warranty on the State’s part, and second, because of failure on the part of the State to make partial payments for…