WEBBER v. JOHNSON


342 Mass. 455 (1961)

174 N.E.2d 40

HAROLD WEBBER vs. ALBERT L. JOHNSON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 11, 1961.


Attorney(s) appearing for the Case

Sheldon Newman, (Samuel Leader with him,) for the plaintiff.

William H. Lewis, Jr., (Joseph A. Todisco with him,) for the defendants.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


SPIEGEL, J.

This is an action of contract brought in two counts. Count 1 alleged breach of a contract in writing for the erection of a single family frame dwelling on the land of the defendants. Count 2 was in quantum meruit for labor and materials furnished by the plaintiff. The plaintiff contractor alleged that he performed his part of the contract until further performance was stopped by the refusal of the defendants...

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