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McKAY CONSTR. CO., INC. v. BD. OF EDUC., SOUTH LEWIS CENT. SCH. DIST. 1, LYONS FALLS

33 A.D.2d 862 (1969)

McKay Construction Co., Inc., Respondent, v. Board of Education, South Lewis Central School District 1, Lyons Falls, Defendant and Third-Party Plaintiff-Respondent. Sargent-Webster-Crenshaw & Folley, Third-Party Defendant and Fourth-Party Plaintiff-Respondent. Kenneth H. Mayhew, Fourth-Party Defendant-Appellant

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

December 18, 1969

STALEY, JR., J.

This action arises out of a contract awarded to the plaintiff, McKay Construction Co., Inc., on May 29, 1962 by the defendant, South Lewis Central School, District 1, for the construction of a Junior-Senior High School at Turin, New York. The plaintiff based its bid for the contract in part upon a drawing labeled "101", which constituted the site plan. Based upon this drawing the plaintiff, in preparing its bid, estimated that 26,166 cubic...

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