ROSE, J.
The plaintiff, pursuant to a written agreement with the defendant, performed a substantial part of a $60,000 contract before terminating it because of the defendant's asserted refusal to make payments as they became due under the contract. The plaintiff seeks in one count to recover $54,000 allegedly due under the contract and in a separate count to recover the same amount on an account annexed for labor and material furnished to the defendant. The plaintiff...
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