Peter W. Kero, Inc. v. Terminal Construction Corp.

The opinion of the court was delivered by

Ackerson, J.

The defendant, Terminal Construction Corporation, was under contract with the United States Government for certain construction work to be performed in the-building of the Veterans’ Administration Hospital at East Orange, and plaintiff, Peter W. Kero, • Inc., was its subcontractor for the purpose of removing a certain stock pile-of earth and rock from the hospital site. The agreement between plaintiff and defendant for the latter work is evidenced by two written contracts, both dated December 10,. 1948, both containing the same job…