Beaudoin v. Lenza

Order for judgment affirmed. The defendant, by an oral contract, engaged the plaintiff, a building contractor, to make certain extensive alterations on his property, payment to be made in accordance with biweekly bills computed on a cost plus basis. Upon default in payment, the plaintiff refused to continue with the work, and sues upon the same cause of action in three counts: one under G. L. c. 231, § 147, for work done and materials furnished, one under G. L. c. 231, § 7, on an account annexed, and one specifically in quantum meruit. An auditor found the identical sum to be recoverable…