H.H. HAWKINS & SONS CO. v. ROBIE


338 Mass. 61 (1958)

153 N.E.2d 768

H.H. HAWKINS & SONS COMPANY vs. RICHARD S. ROBIE & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

November 7, 1958.


Attorney(s) appearing for the Case

Albert W. Wunderly, for Richard S. Robie and another.

David D. Leahy, for H.H. Hawkins & Sons Company.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & CUTTER, JJ.


CUTTER, J.

This is an action by a corporation (hereinafter called the Hawkins Company) to recover a balance alleged to be due for labor and materials used on alterations made in 1951 to a cooperative apartment owned by the defendants in the principal action, one Robie and his wife. The Robies brought a cross action to recover for money alleged to have been "paid in excess by error for materials and labor supplied." The cases were referred to an auditor. His report...

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