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STEWART-SCOTT CONSTR. CORP. v. F. & M. SCHAEFER BREWING CO.

41 A.D.2d 788 (1973)

Stewart-Scott Construction Corporation, Respondent, v. F. & M. Schaefer Brewing Co., Appellant

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

March 8, 1973

On September 29, 1969 the respondent, Stewart-Scott Construction Corporation, entered into a contract with the F. & M. Schaefer Brewing Company under the terms of which the respondent company was to construct a building on appellant's property for the sum of $627,500. The respondent alleges that unforeseeable, unknown and unusual conditions existed below the surface of the construction site and that, as a result thereof, substantial...

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