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Contracts Keyed to Fuller
Kenford Co. v. County of Erie
Citation:Kenford Co. v. County of Erie, New York Court of Appeals, 1986. 67 N.Y.2d 257, 502 N.Y.S.2d 131, 493 N.E.2d 234.
The County of Erie (Defendant) sought to build a sports stadium near the City of Buffalo. Defendant entered into a contract with Kenford Co. and Dome Stadium Inc. (DSI) (Plaintiffs) in which the companies would provide land for the defendant to lease for 40 years in return for plaintiffs being able to negotiate to manage the operations of the sports stadium within three months of the receipt by defendant of preliminary plans, drawings and cost estimates. Despite strenuous negotiations, the parties never agreed upon the terms of the lease. Plaintiff brought an action against defendant seeking specific performance, or alternatively damages for loss profits.
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