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WELCH & CORR CONSTRUCTION CORPORATION v. WHEELER

No. 72-1294.

470 F.2d 140 (1972)

WELCH & CORR CONSTRUCTION CORPORATION, Plaintiff, Appellant, v. Harris E. WHEELER, Jr., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 5, 1972.

Attorney(s) appearing for the Case

Richard B. Couser, Concord, N. H., on brief for appellant.

Before McENTEE, ALDRICH and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Welch & Corr Construction Corp. ("Contractor") appeals from a judgment in its favor against Harris E. Wheeler, Jr. and Wayne V. Wheeler, d/b/a Wheeler Bros. ("Subcontractor"). The sole issue is whether the district court erroneously understated Contractor's total damages by $4,778.84.

At a jury-waived trial, Contractor established that it had contracted with Subcontractor for the latter to complete the site work at a new...

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