Legal Opinion

Callanan Road Improvement Co. v. Colonial Sand & Stone Co.

New York Supreme Court

Decided July 29, 1947PublishedCited by 7 opinions

1Opinion of the CourtBergan, J.

Plaintiff is in the business of manufacturing crushed stone. Defendant is in the sand and stone business and, among other enterprises, manufactures ready-mix concrete in which crushed stone is an ingredient.

On April 5,1944, the parties entered into a written agreement by which plaintiff was to furnish and deliver and defendant to buy and accept a minimum of 50,000 cubic yards of crushed stone at $1 a cubic yard plus transportation and taxes.

*419The contract provided that if there was a breach by defendant of its terms defendant would pay plaintiff as liquidated damages the sum of fifteen cents a…

2Cases cited15 opinions

  1. Seidlitz v. . AuerbachNew York Court of Appeals · 1920
  2. Ward v. Hudson River Building Co.New York Court of Appeals · 1891
  3. Caesar v. . RubinsonNew York Court of Appeals · 1903
  4. Cotheal v. . TalmageNew York Court of Appeals · 1854
  5. Curtis v. . Van BerghNew York Court of Appeals · 1899

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3Cited by7 opinions

  1. Vernitron Corp. v. CF 48 AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
  2. Gargano v. RubinAppellate Division of the Supreme Court of the State of New York · 1994
  3. Philadelphia Savings Fund Society v. Deseret Management Corp.District Court, E.D. Pennsylvania · 1985
  4. Beacon Plastic & Metal Products, Inc. v. Corn Products Co.Appellate Terms of the Supreme Court of New York · 1968
  5. Realworth Properties, Inc. v. BachlerNew York Supreme Court · 1962

2 more not listed; retrieve them via the Exa API.

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