Saucke Bros. Construction Co. v. Comstock

Judgment affirmed, with costs, on the ground that the contract Exhibit 1 read in its entirety is inconsistent with an intention that the plaintiff and others in like position should have the right to sue upon it, and the findings of fact are not against the weight of the evidence. The conclusions of law contained in findings 29 and 52 are not material to the judgment. All concur. Present1 — Sears, P. J., Crouch, Taylor, Thompson and Crosby, JJ. [ 139 Misc. 106 .]