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Contracts Keyed to Calamari
Schenectady Steel Co., Inc. v. Bruno Trimpoli General Const. Co., Inc.
Citation:
New York Court of Appeals, 1974. 34 N.Y.2d 939, 359 N.Y.S.2d 560, 316 N.E.2d 875.Facts
Plaintiff contracted with the defendant for special steel beams of 125 feet to be used in the construction of a bridge. The original contract provided that time was of the essence, and that the work on the beams was to be completed by the end of 1968. The defendant ran into numerous difficulties in producing the beams, and the beams it did produce were unsatisfactory due to inferior welding that did not meet the necessary standards for use in the bridge. In early 1969 the defendant had still not made good on their obligations and in March of 1969 the plaintiff canceled their contract.
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