Satuloff Brothers, Inc. v. State

The claimant contracted to sell butter and eggs to the State of New York, deliveries to be made as ordered by the State institutions. The contract provided:

“ Inferior Deliveries.

“ Where deliveries are of a grade inferior to the specifications, and the fact is established that shipment is of an inferior quality, or grade than that called for in the specifications, the contractor will not be allowed to replace delivery. The agency will be authorized to reject the delivery and to make full replacement by open market purchase, the difference in cost, if any, to be charged to the account of the…