STAPLES COAL CO. v. UCELLO


333 Mass. 464 (1956)

131 N.E.2d 763

STAPLES COAL COMPANY vs. JOHN UCELLO.

Supreme Judicial Court of Massachusetts, Suffolk..

January 30, 1956.


Attorney(s) appearing for the Case

Joseph G. Kelly, for the defendant.

Joseph C. Robbins, for the plaintiff.

Present: QUA, C.J., RONAN, WILKINS, WILLIAMS, & WHITTEMORE, JJ.


WILLIAMS, J.

In this action the plaintiff seeks to recover the amount due under a written contract for two oil burners and other heating equipment installed by it for the defendant in the city hall of Revere. In count 1 of the declaration the plaintiff alleges performance of the contract, a copy of which is annexed, and of additional work under an agreed "oral modification" of its terms. Count 2 is on an account annexed. The defendant's answer is in substance a general...

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