Art Metal Const. Co. Ex Rel. McCloskey & Co. v. Lehigh Structural Steel Co.

GOODRICH, Circuit Judge.

This is an appeal from a judgment entered upon the pleadings on a motion by the defendant, Rule 12(c), Rules of Civil Procedure, 28 U.S.C.A. following section 723c. In considering such a motion the facts alleged by the plaintiff must be taken to be true and the inquiry is whether upon those facts plaintiff has stated a cause of action. Ulen Contracting Corp. v. TriCounty Electric Coop., D.C.Mich.1940, 1 F.R.D. 284. From the plaintiff’s complaint the following facts appear:

McCloskey & Co. was the general contractor for the erection of a new court house in Berks County,…