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Contracts Keyed to Burton
Kenford Co. v. County of Erie
Citation:
67 N.Y.2d 257, 502 N.Y.S.2d 131, 493 N.E.2d 234Facts
County of Erie (defendant) entered into a contract with Kenford Company, Inc. (hereinafter “Kenford”) and Dome Stadium, Inc. (hereinafter “DSI”) (plaintiffs) for the construction and operation of a domed-stadium facility. Their contract stated that construction of the facility would begin within 12 months of the contract date and that a mutually agreeable 40-year lease would be negotiated by the parties within a 3-month period. In the event a mutually acceptable lease could not be agreed upon within the 3-month period, then a separate contract would be executed by the parties providing for a 20-year operation of the domed stadium. Despite extensive negotiations, the parties never agreed on terms of a lease nor did construction of a domed-stadium facility begin within the one-year period. Kenford and DSI sued Erie for breach of contract.
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