Contracts · MBE-tested

Howden Tile and Marble Co., Inc., Appellant, v. National Engineering Corporation, Respondent

227 A.D. 781·New York Supreme Court, Appellate Division·1929·NY

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Opinion

Howden Tile and Marble Co., Inc., Appellant, v. National Engineering Corporation, Respondent. [MAJORITY] Order so far as appealed from reversed, with costs and disbursements, and the verdict on the second cause of action reinstated, upon the ground that the testimony presented a question of fact as to whether the contract for the extra work was with the plaintiff or with its former manager, Howden, and that the verdict was supported by a preponderance of the evidence. Present •— Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.