Eidlitz v. Fischbach & Moore, Inc.

In my opinion the order should be reversed and the motion denied upon the ground last stated in the opinion of Mr. Justice O’Malley. I think a fair construction of the agreement annexed to the complaint requires the expenses incurred by the plaintiff in procuring the four assigned contracts to be repaid only if the execution of these contracts results in a surplus “ over and above the cost of installation and field expenses incurred ” by the defendant, together with a five per cent charge for overhead, as provided in paragraph “ seventh” of the agreement. Neither *484in paragraph “sixth” nor…