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E.A. Coronis Associates v. M. Gordon Construction Co.

Decided: January 12, 1966.

E.A. CORONIS ASSOCIATES, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
M. GORDON CONSTRUCTION CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT



Goldmann, Foley and Collester. The opinion of the court was delivered by Collester, J.A.D.

Collester

Summary judgment on cross-motions therefor was entered in favor of plaintiff E. A. Coronis Associates (Coronis) on defendant M. Gordon Construction Company's (Gordon) counterclaim in the Superior Court, Law Division.

This litigation began when plaintiff brought suit on three contracts not here pertinent. Defendant admitted liability thereon, but counterclaimed for breach of a contract to supply and erect structural steel on one of its projects. Gordon is a general contractor. In anticipation of making a bid to construct two buildings at the Port of New York Authority's Elizabeth Piers it sought bids from subcontractors. Coronis designs, fabricates, supplies and erects structural steel. On April 22, 1963 it sent the following letter to Gordon:

"April 22, 1963

Mr. David BenZvi

Gordon Construction Co.

Elizabeth Avenue

Linden, N.J.

Subject:

Bldgs. 131 & 132

Elizabeth Port Authority Piers

Structural Steel

Dear Mr. BenZvi:

We regret very much that this estimate was so delayed. Be assured that the time consumed was due to routing of the plans through our regular sources of fabrication.

We are pleased to offer:

All structural steel including steel girts and purlins

Both Buildings delivered and erected $155,413.50

All structural steel equipped with clips for wood girts & purlins

Both Buildings delivered and erected 98,937.50

NOTE: This price is predicated on an erected price of .1175 per Lb. of steel and we would expect to adjust the price on this basis to conform to ...


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