SCHENECTADY STEEL CO. V. BRUNO TRIMPOLI GENERAL CONSTR. CO.
43 A.D.2d 234, 350 N.Y.S.2d 920 (1974)
NATURE OF THE CASE: This was a breach of contract action for a waiver by election. Steel
(P) challenged a judgment for Bruno (D), which dismissed P's complaint based on contract
law, and awarded judgment to D on its counterclaim.
FACTS: Bruno (D) had a contract with New York to build a bridge. Schenectady (P)
contracted with D to furnish and erect the steel necessary for that bridge. The contract
stated that time was of the essence and the work had to be completed in 1968. P had problems
getting the proper steel and did not complete performance in 1968. In January and February
of 1969, D demanded that P provide a schedule for completion of work. P stated that it would
proceed 'with all possible speed', but gave no completion date. D made an inspection and
cancelled the contract. P sued for the reasonable value of the services rendered and D
counterclaimed for damages. The trial court dismissed P's complaint and gave the judgment to
D on his counterclaim for damages. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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