Eastern Concrete Steel Company, Appellant, v. Erie Railroad Company and Another, Respondents

Eastern Concrete Steel Company, Appellant, v. Erie Railroad Company and Another, Respondents. [MAJORITY] Order affirmed, with ten dollars costs and disbursements, with leave to the plaintifí to plead over within twenty days upon payment of the costs of the motion and of this appeal. Held, in the absence of any allegation in the complaint that the extra work was within the scope of the plans and specifications or any provision of the contract and that the amount claimed to be due was arrived at upon a computation based upon the rate mentioned in the contract, we think the complaint fails to state facts sufficient to constitute a cause of action. All concur, except Davis, J., who dissents; Sears, J., not sitting.