Agostini v. Consolvo

'Gregory, J.,

delivered the opinion of the court.

The defendants, Agostini Brothers, obtained a contract from the United States Government to erect a post office in Yonkers, New York. Their bid for this work was made in February, 1927, and accepted by the government by letter on March 31, 1927, and a *207formal contract entered into as of that date. The work was to commence when the government notified Agostini Brothers and this notice was given on May 7, 1927. Agostini Brothers contemplated letting some of the work to sub-contractors. The plaintiffs, Consolvo and Overmyer, were engaged in stone…