Plaintiff Cerp, a subcontractor, sues Trapani, the owner of the construction site, for the amount due it for work ordered by Cleary, the purported general contractor. Recovery is sought on two theories: first, that plaintiff is the third-party creditor beneficiary of a cost-plus contract between Trapani and Cleary; and second, that Cleary was acting as agent for Trapani, relative to plaintiff...
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