Appellate Division of the Supreme Court of the State of New York, Third Department.
In July of 1958, the Peckham Road Corporation was awarded a contract by the State of New York to reconstruct a State highway in Columbia County. The nub of the present litigation centers on who is to bear the cost of $11,781.90 worth of materials purchased by respondent and incorporated in the work. The pertinent portion of the contract was a typewritten note which, after providing that all cement, concrete, aggregate and grout would be furnished by "others", states: "All...
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