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LAMBERT CONSTRUCTION CO. v. SOCONY MOBIL OIL CO.

No. 100, Docket 26345.

288 F.2d 30 (1961)

LAMBERT CONSTRUCTION COMPANY, Plaintiff-Appellant, v. SOCONY MOBIL OIL COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 21, 1961.

Attorney(s) appearing for the Case

Monti & Calhoun, Barre, Vt., (Edwin Free, Barre, Vt., of counsel), for plaintiff-appellant.

Black, Plante & Ellison, White River Junction, Vt. (Everett Schultheis, Albany, N. Y., on the brief), for defendant-appellee.

Before CLARK, WATERMAN and FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge.

Plaintiff contracted to purchase 105,000 gallons of asphalt binder from defendant to be used by plaintiff on a highway construction job for the State of Vermont. The contract of sale provided that the asphalt binder meet "Vermont State Specifications." Delivery was timely effected. On June 29, 1957 freight car number UTLX 61610 containing the asphalt involved in this litigation arrived at the construction site. A sample had been taken from...

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