Brennan, J.
Aggrieved by the decision of the trial judge in the Fitchburg District Court the defendant/appellant commenced this appeal in accordance with District/Municipal Courts Rules for Appellate Division Appeal, Rule 8C. The facts and issues necessary for an understanding of this appeal are as follows:
On or about June 26, 1996, Roads Corporation entered into a contract with 128 Sales, Inc. (hereinafter, defendant/appellant) for paving services at a location...
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