M. O'Neil Supply Co. v. Petroleum Heat & Power Co.

Plaintiff appeals, by permission of this court, from a judgment entered upon the order of the Appellate Division, first department, unanimously affirming the judgment entered upon an order of Special Term dismissing the first cause of action on motion of defendant under rule 106 of the Rules of Civil Practice on the ground that the complaint did not state facts sufficient to constitute a cause of action.

Plaintiff alleges that defendant and one Charles had entered into an agreement prior to July 16, 1936, whereby Charles agreed to do certain pipe installation and other work in connection with…