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MONTROSE CONTRACTING CO. v. COUNTY OF WESTCHESTER

No. 115.

80 F.2d 841 (1936)

MONTROSE CONTRACTING CO., Inc., v. COUNTY OF WESTCHESTER.

Circuit Court of Appeals, Second Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

Wait, Wilson & Newton, of New York City (Frederick W. Newton and Howard G. Wilson, both of New York City, of counsel), for appellant.

William A. Davidson, of White Plains, N. Y. (Francis J. Morgan, of White Plains, N. Y., of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Below, a judgment was entered on the first cause of action for a balance of the contract price due appellant, and no appeal is taken therefrom. The second cause of action is for damages for breach of contract, said to have resulted by reason of erroneous representations contained in a contract, plans, and specifications for tunnel work necessary in constructing a sewer.

The parties contracted for the construction of a 78-inch sewer in...

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