Ferrie Construction Co. v. Beard

The plaintiff brought an action upon the common counts to recover sums claimed to be due it arising out of an agreement with the defendant to do excavating of dirt and rock in connection with a contract the defendant had with the city of Shelton to build a sewer. The defendant filed a counterclaim based in part upon a claim that he furnished certain labor and materials necessary for the excavation of the rock which the plaintiff had neglected to furnish and in part upon a claim for damages resulting from the plaintiff’s breach of its contract by ceasing the performance of the work. The case…