Duffy Bros. v. Bing & Bing, Inc.

The defendant applied for judgment on the pleadings, consisting of the complaint and the amended answer. This motion was denied at Special Term.

The agreement out of which the action arises is set out in full as an exhibit attached to the complaint. It may be referred to as the contract for the plastering work in an addition to the Hotel St. George in Brooklyn. It provides that plaintiff shall be paid therefor the sum of $72,000; and it also provides:

“It is understood that the general progress of the building is behind that scheduled and contractor agrees to cooperate with builder in handling…