
    The Raisler Heating Company, Respondent, v. James F. Dowd and Henry Nicholsburg, Doing Business Under the Firm Name of H. Nicholsburg and Company, Appellants.
    Contracts — Interpretation of contracts — Particular agreements — To pay costs of doing job.
    Master and servant — Services and compensation — Wages and other remuneration— Agreement to pay costs of doing job.
    Appeal by the defendants from a judgment of the Municipal Court of the city of New York, sixth district, borough of Manhattan, rendered in favor of the plaintiff.
    Blandy, Mooney & Shipman (Laurence A. Sullivan, of counsel), for appellants.
    Barnard H. Sandler, for respondent.
   Blanchard, J.

.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, con-, firm 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.

Gildebsleeve and Dayton, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellants to abide event.  