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R. D. YOUNG, INC. v. TOWN OF W. SENECA

11 Misc.2d 897 (1958)

Ralph D. Young, Inc., Plaintiff, v. Town of West Seneca et al., Defendants.

Supreme Court, Erie County.

July 17, 1958.

Attorney(s) appearing for the Case

Joseph M. Nasca for plaintiff.

Jack I. Morris for Town of West Seneca and others, defendants.

MATTHEW J. JASEN, J.

The plaintiff has sued the defendants, individually and as water commissioners, upon a contract entered into by it with the defendant Water Commissioners of Water District No. 8 in the town of West Seneca, New York, whereby it agreed to construct certain water lines for the district for a specified sum. The plaintiff encountered rock in its surface excavations and because of this, the cost...

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