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BRADLEY v. FESSENDEN

349 Mass. 429 (1965)

208 N.E.2d 828

NORMAN T. BRADLEY vs. PHILIP FESSENDEN (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

June 24, 1965.

Attorney(s) appearing for the Case

F. Dale Vincent for Philip Fessenden.

Miles J. Schlichte for Norman T. Bradley.

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

WILKINS, C.J.

These are two actions of contract which were tried together. The first action is by a contractor against an owner of real estate and is in two counts. Count 1 is on an express contract to build a foundation for a house. Count 2 is on a quantum meruit for the same work. The second action is by the owner against the contractor for breach of the express contract. The jury found for the contractor on count 2 for quantum meruit and against him on count 1...

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