Acme Builders, Inc. v. Facilities Development Corp.

Sweeney and Main, JJ.,

dissent and vote to reverse in the following memorandum by Sweeney, J. Sweeney, J (dissenting). While the drawings in question illustrate painting to be done to the floor, base, wall and ceiling of the existing boiler room, the specifications refer, in general, to the painting of surfaces which have been disturbed due to alteration work. In our view, the language used creates an ambiguity in the contract. Where such an ambiguity is found, the situation of the parties and the surrounding circumstances attendant upon the making of the contract are to be taken into…