Legal Opinion
Fred E. Gross & Son v. State
New York Court of Appeals
Decided November 16, 1926PublishedCited by 6 opinions
1Per curiam
The plaintiff entered into a contract with the State to construct a highway in Lewis county. It claimed that the State broke the contract and it filed a claim in the Court of Claims for damages. The State as a defense to the claim, on the theory that the claimant without justification had abandoned the contract, set up a counterclaim for the damages alleged to have been sustained by it.
The Court of Claims, after trial, dismissed claimant’s claim and awarded judgment in favor of the State for the amount of its counterclaim. The claimant appealed to the Appellate Division which (one of the…
2Cases cited2 opinions
- City of Buffalo v. . StevensonNew York Court of Appeals · 1913
- Sand v. . Garford Motor Truck Co.New York Court of Appeals · 1923
3Cited by6 opinions
- Valentino v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Tierney v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Reichel v. Standard Rice Co.New York Court of Appeals · 1930
- Flagg v. MosesAppellate Division of the Supreme Court of the State of New York · 1928
- United Artists Corp. v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1929
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