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TOCCI v. LEMBO

325 Mass. 707 (1950)

92 N.E.2d 254

CLARENCE TOCCI vs. SAMUEL LEMBO & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 2, 1950.

Attorney(s) appearing for the Case

F.J. Morgan, for the plaintiff.

J.C. Collins, for the defendants.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.

WILLIAMS, J.

This is an action of contract to recover a balance alleged to be due for labor and materials furnished in the erection of a house for the defendants on their land in Newton. Of the two counts in the plaintiff's declaration one is on an express contract for the construction of the house and one on an account annexed. In addition to general denial and payment the answer sets up illegality of the contract and illegality...

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