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ALLING CONSTRUCTION COMPANY, INC. v. BISSETTE

No. 169-73.

318 A.2d 666 (1974)

ALLING CONSTRUCTION COMPANY, INC. v. Joseph R. BISSETTE.

Supreme Court of Vermont, Chittenden.

April 2, 1974.

Attorney(s) appearing for the Case

Pierson, Affolter & Amidon, Burlington, for plaintiff.

Latham, Eastman, Schweyer & Tetzlaff, Burlington, for defendant.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.

SMITH, Justice.

This is a civil action brought by a building contractor to recover the value of material and labor expended to construct a shopping center building for the defendant. The pleading set forth the plaintiff's claim against the defendant in (1) contract and (2) quantum meruit. Upon proof that the defendant had not executed the contract in question, the plaintiff proceeded on the quantum meruit theory, without objection. The construction claimed to have...

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