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KENN EQUIP. CO., INC. v. DRAKE CONSTR. CORP.

276 A.D. 959 (1950)

Kenn Equipment Co. Inc., Respondent, v. Drake Construction Corp. et al., Appellants. (Action No. 1.) Drake Construction Corp., Appellant, v. Kenn Equipment Co. Inc., Respondent. (Action No. 2.)

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

February 28, 1950.

We think it was the intent of the parties that the contract be divisible. In any event the goods were deliverable in installments. Under the circumstances we find that the trial court's decision upon the issues as to the breach of the contract was sufficiently supported by the evidence. The proof, including the contract, shows that the quantities were to be controlled by the needs of the job rather than the estimated amounts. Accordingly...

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