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ROSE STONE & CONCRETE, INC. v. COUNTY OF BROOME

76 A.D.2d 998 (1980)

Rose Stone & Concrete, Inc., Appellant, v. County of Broome, Defendant, and Triple Cities Construction Co., Inc., et al., Respondents

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

June 19, 1980

In connection with a highway construction project in Broome County, Triple Cities Construction Company (Triple Cities) and Rose Stone & Concrete, Inc. (Rose) negotiated a contract whereby Rose was to deliver gravel to the job site. Both parties agreed that the price to be paid by Triple Cities for delivered gravel would be by "engineer's measure", i.e., the actual measurement of the gravel compacted and in place at the site rather...

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