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ROUSE CONSTR. v. ALBANY ACOUSTICAL CORP.

9 A.D.2d 38 (1959)

John W. Rouse Construction Corporation, Respondent, v. Albany Acoustical Corporation, Appellant

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

August 13, 1959.

Attorney(s) appearing for the Case

Tobin & O'Brien (John E. Knauf of counsel), for appellant.

Joseph Jiudice for respondent.

BERGAN, J. P., COON, HERLIHY and REYNOLDS, JJ., concur.

GIBSON, J.

Plaintiff, the general contractor for the construction of a high school building, has recovered damages for the breach by defendant of its alleged subcontract to furnish all lathing and plastering required under the general contract. On March 12, 1955, by telephone, defendant submitted to plaintiff its bid of $35,397 for the work in question, and plaintiff used this figure, which was substantially lower...

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