WELLBILT EQUIPMENT CORPORATION v. FIREMAN


303 A.D.2d 269 (2003)

755 N.Y.S.2d 610

WELLBILT EQUIPMENT CORPORATION, Respondent-Appellant, v. SHELDON FIREMAN et al., Defendants, and RED EYE GRILL, L.P., Appellant-Respondent.

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

Decided March 20, 2003.


Although the parties entered into an oral agreement for the construction of defendant restaurant, the scope of work that had been agreed upon changed significantly during the course of construction. No basis exists to disturb the trial court's finding, strongly supported by defendant's judicial and extrajudicial admissions, that the parties, in recognition of such changes, reached an understanding that a new price term should be set, but were unable to reach agreement. In...

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