Plaintiff's complaint asserts two causes of action. The first seeks to recover the value of labor and materials provided to defendant in the latter part of May, 1976. The second, on which summary judgment has been granted in plaintiff's favor, is based on an account stated arising from the same transaction. Defendant contends an issue of fact exists precluding summary relief on that cause of action. We agree. While it is conceded plaintiff supplied certain fill materials...
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