RICH v. DeAVELLAR


2 Mass. App. Ct. 632 (1974)

318 N.E.2d 184

ALEC RICH vs. JOSEPH I. DEAVELLAR, JR., executor.

Appeals Court of Massachusetts, Bristol.

October 25, 1974.


Attorney(s) appearing for the Case

Willis A. Downs for the defendant.

Melvin J. Levine for the plaintiff.

Present: HALE, C.J., KEVILLE, & ARMSTRONG, JJ.


ARMSTRONG, J.

This is an action of contract by which the plaintiff seeks to recover, on an account annexed, for work and labor performed and materials supplied in the improvement, expansion, and operation of a sand and gravel pit located on land owned by the defendant's testator (hereafter the deceased).1 The defendant pleaded the Statute of Frauds. A second trial of the case before a jury2 resulted in a verdict...

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