FICARA v. BELLEAU


331 Mass. 80 (1954)

117 N.E.2d 287

SAMUEL FICARA vs. ERNEST BELLEAU & another.

Supreme Judicial Court of Massachusetts, Essex.

January 27, 1954.


Attorney(s) appearing for the Case

Edward M. Dangel, (Leo E. Sherry & William F. Regan with him,) for the plaintiff.

Richard L. Sisk, for the defendants.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & COUNIHAN, JJ.


WILKINS, J.

By a contract in writing the defendants agreed to install a heating and cooling system for the plaintiff. An auditor, whose findings of facts were to be final, found that the contract price was $6,200; that the defendants intentionally and wilfully abandoned the contract after the plaintiff had paid them $4,200; that the plaintiff reasonably paid $2,361 to another contractor to perform the balance of the work; and that the plaintiff was entitled to recover...

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