EBBIGHAUSEN v. STATE OF NEW YORK


276 A.D. 796 (1949)

Alfred Ebbighausen, Appellant, v. State of New York, Respondent. (Claim No. 28648.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.


On September 25, 1946, claimant entered into an agreement with the State by the terms of which he agreed to deliver to the State 180,650 pounds of fresh and salt water fish of a particular grade for the period between October 1, 1946, and March 31, 1947, at a price of thirty-one cents per pound. Between October 1st and October 18th various State institutions placed orders for fish totaling 10,735 pounds. All these orders required claimant to deliver fillets of cod or fillets...

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