Opinion
January, 1907.
Blandy, Mooney Shipman (Laurence A. Sullivan, of counsel), for appellants.
Barnard H. Sandler, for respondent.
This is an action brought to recover for work, labor and services rendered in pursuance of an agreement to pay the "costs" of doing the job. The situation of the parties tends to show that actual cost was the meaning intended by the word "cost" used in the agreement, and the negotiations of the parties, which were properly admitted in evidence to explain the written agreement, confirm this view. Accordingly, judgment could not properly be awarded for an amount which included profit.
Judgment must be reversed and a new trial ordered, with costs to appellants to abide the event.
GILDERSLEEVE and DAYTON, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellants to abide event.