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CASALE v. AUGUST BOHL CONTRACTING CO., INC.

26 A.D.2d 974 (1966)

Anthony R. Casale et al., Doing Business as Casale Construction Co., Respondents-Appellants, v. August Bohl Contracting Company, Inc., Appellant-Respondent. (Action No. 1.) August Bohl Contracting Company, Inc., Appellant-Respondent, v. Anthony R. Casale et al., Doing Business as Casale Construction Co., Respondents-Appellants. (Action No. 2.)

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

November 21, 1966

GIBSON, P. J.

The Bohl-Casale subcontract was skeletal and the last sentence provided: "Casale to work under the same contract conditions as Bohl has with Dougherty". The Dougherty-Bohl subcontract so far as here pertinent provided as follows: "If, at any time in the judgment of the engineers of the Owner or of the Contractor, the Subcontractor is not advancing said work sufficiently fast to conform to the time...

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