Allis-Chalmers Manufacturing Co. v. Malan Construction Corp.

In February, 1963, defendant-appellant, Malan- . Buckley, a contractor, entered into a contract with the City of New York for the construction of a water pollution control project in Brooklyn. Subsequently, plaintiff, Allis-Chalmers Manufacturing Company, agreed to supply Malan-Buckley at the site with certain equipment and materials, consisting of air blowers, main sewage pumps, pumping units, accessories and spare parts for a price of $788,500. Payment by Malan-Buckley to plaintiff was to be made only after payment by the city to Malan-Buckley of installments pursuant to the general…