BUKER v. MT. VERNON CONTRACTING CORP.


1 A.D.2d 735 (1955)

Philip G. Buker, Individually and Doing Business as Keystone Tree Surgeons, Respondent, v. Mt. Vernon Contracting Corporation et al., Appellants

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

December 23, 1955


Plaintiff alleges the making of a contract with defendant for clearing and grubbing on the State Thruway. The contract is annexed to the complaint. In terms it requires plaintiff to do certain specified work. The complaint pleads that plaintiff told defendant it would be "impossible" for him to perform the contract which he had undertaken and that if he continued it the expense would be so great as to cause "irreparable" damage and he would become "virtually bankrupt". The...

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