GEORGE A. MURRAY CO., INC. v. JOHNSON TRANSP., INC.


43 A.D.2d 537 (1973)

George A. Murray Co., Inc., Respondent, v. Johnson Transportation, Inc., Appellant

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

November 20, 1973


Appellant shall recover of respondent $60 costs and disbursements of these appeals. Summary judgment, on this submission, is not supportable. We have before us no formal contract. And the defendant's letter clearly indicates the expectation that the formalization of a contract would be subsequent to a mutual agreement as "to the preliminary inspection, development, feasibility and fees." It does not appear that plaintiff ever did seek or obtain approval of the costs or fees...

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