SOLL v. CAMARDELLA


277 A.D. 1004 (1950)

Bernard Soll, Doing Business as South Side Plumbing and Heating Maintenance, Respondent, v. Ralph A. Camardella et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 23, 1950.


The proof establishes, and it was found, that the labor and materials were furnished by plaintiff under a contract with defendant Hardy Construction Corporation. Extras performed by plaintiff at the direction of defendants Camardella, in the absence of any agreement as to amount or mode of payment therefor, must be deemed incidents of the cost plus contract between plaintiff and the general contractor. Findings of fact and conclusions...

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