SPIEGEL, J.
The plaintiff, Charles L. Hazelton & Son, Inc. (hereinafter referred to as the Corporation), in one action seeks to recover payment from the owners of a wharf (hereinafter referred to as the Owners) for certain repairs to the wharf. The other is a cross-action by the Owners in two counts, one in contract and the other in tort for deceit, seeking to recover damages from the Corporation. The
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