1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 38 N.Y.2d
  5. 38 N.Y.2d 915 (1976)
 

LOMART MFG. CORP. v. COMSPACE CORP.

38 N.Y.2d 915 (1976)

Lomart Manufacturing Corp., Appellant, v. Comspace Corp., Respondent.

Court of Appeals of the State of New York.

Decided February 24, 1976.

Attorney(s) appearing for the Case

S. Jack Brant for appellant.

Robert M. Blakeman for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Chief Judge BREITEL concurs on the ground that the agreement is unclear and the plaintiff, having the burden of establishing its case, has failed to establish that it should recover.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Paragraph 3 of the 1966 agreement provided that the parties would share any funds received by reason of the claim for extra work or any other claim asserted by Comspace in its contract with the U. S. Supply Agency. Paragraph 10 of the same agreement provided that Lomart would indemnify Comspace from any loss under the contract with the agency.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases