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LEHMANN v. MacFARLAND

27 A.D.2d 885 (1967)

Albert E. Lehmann, Respondent, v. Yetteve L. MacFarland, Defendant, and Maurice Freedman, Appellant

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

March 9, 1967

REYNOLDS, J.

Respondent brought the instant action against one Yetteve MacFarland and appellant for breach of a contract between respondent and MacFarland under which respondent had the right to extract fill from certain land, the legal title to which was in MacFarland, at five cents per cubic yard "for such length of time as a certain Interstate Route and/or South Albany Arterial Highway shall be under construction." Appellant urges that there is no...

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