MAPLE FARMS v. CITY SCH. DIST.


76 Misc.2d 1080 (1974)

Maple Farms, Inc., Plaintiff, v. City School District of the City of Elmira, New York, Defendant.

Supreme Court, Special Term, Chemung County.

February 1, 1974


Attorney(s) appearing for the Case

James L. Burke for plaintiff. Sayles, Evans, Brayton, Palmer & Tifft (Edward B. Hoffman of counsel), for defendant.


CHARLES B. SWARTWOOD, J.

This is a motion for summary judgment in an action for declaratory judgment whereby the plaintiff seeks, first, a determination that the contract wherein the plaintiff agreed to supply milk to the defendant school district at an agreed price be terminated without further liability on the grounds of legal "impossibility" or "impracticality" because of the occurrence of events not contemplated...

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