COWLES v. T & M EQUIPMENT CORPORATION


1980 Mass. App. Div. 138 (1980)

Jarvis W. Cowles vs. T & M Equipment Corporation

Massachusetts Appellate Division, Western District.

September 15, 1980.


Attorney(s) appearing for the Case

James P. Angell for the plaintiff.

Joseph P. Dusel for the defendant.

Present: Walsh, P.J., McGuane & Greenberg, JJ.


Greenberg, J.

This is an action of contract in which it is alleged that in October and November of 1978 the plaintiff sold landfill materials and performed construction services at a construction site for the defendant to the value of $5,047.29. The defendant's answer admits, inter alia, that the labor and materials were performed and delivered, but that the parties had further agreed that payment to the plaintiff would not be made "until defendant received...

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