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L. B. CONSTR. CORP. v. GUTWIRTH & ERRANTE HOMES, INC.

279 A.D. 804 (1952)

L. B. Construction Corporation, Plaintiff, v. Gutwirth & Errante Homes, Inc., et al., Respondents; Blick Woodworking Co., Inc., Appellant, et al., Defendants

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

January 21, 1952.

Informal findings and conclusions are reversed.

We find that the parties modified the original contract so as to cover millwork for fifty-two houses; that complete materials were delivered thereunder; that some inferior grade materials were furnished; that the contract did not provide for the best grade materials; that the materials delivered were acceptable under the contract and during the period in suit; that appellant is entitled to recover $22,100 on the contract...

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