Rosen v. Equitable Paper Bag Co.

Lehman, Ch. J.

The plaintiff, a building contractor, had negotiations with the defendant for the erection of a building for the occupancy of the defendant corporation upon land which officers of the defendant corporation were about to purchase. On June 28, 1939, a written contract for the erection of the proposed building by the plaintiff was made, not with the defendant corporation but with Esthall Realty Co., Inc., described in the contract as_a “ domestic corporation, now in process of organization, having its principal place of business at 50 Court Street, Brooklyn, New York, which…