Legal Opinion
Rose Stone & Concrete, Inc. v. County of Broome
Appellate Division of the Supreme Court of the State of New York
Decided June 19, 1980PublishedCited by 4 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court in favor of defendants, entered January 5, 1979 in Broome County, upon a decision of the court at a *999Trial Term, without a jury. In connection with a highway construction project in Broome County, Triple Cities Construction Company (Triple Cities) and Rose Stone & Concrete, Inc. (Rose) negotiated a contract whereby Rose was to deliver gravel to the job site. Both parties agreed that the price to be paid by Triple Cities for delivered gravel would be by "engineer’s measure”, i.e., the actual measurement of the gravel compacted and in place at the site…
2Cases cited2 opinions
- Wright v. . WeeksNew York Court of Appeals · 1862
- Lenkay Sani Products Corp. v. BenitezAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by4 opinions
- Trans World Metals, Inc., Trans-World Metals and Co. Limited, and Trans World Metals, Limited v. Southwire CompanyCourt of Appeals for the Second Circuit · 1985
- Big Tree Energy Partners v. BradfordAppellate Division of the Supreme Court of the State of New York · 1996
- East Europe Domestic International Sales Corp. v. Island Creek Coal Sales Co.District Court, S.D. New York · 1983
- Harber Philadelphia Center City Office Ltd. v. Tokai BankAppellate Division of the Supreme Court of the State of New York · 2001