Sinclair Refining Co. v. S. J. Pitts Hauling Co.

Defendants Bero Construction Corp. and American Surety Company of New York move for dismissal of the complaint, pursuant to subdivision 4 of rule 106 and subdivision 7 of rule 107 of the- Rules of Civil Practice.

Plaintiff had supplied petroleum products to the defendant S. J. Pitts Hauling Co., Inc., and in a first cause of action seeks the recovery of the unpaid balance of the purchase price. That defendant was a subcontractor of the defendant Bero. In a second cause of action, plaintiff seeks to recover the unpaid purchase price from the latter, on the basis of a claimed guarantee. The bond…