Morgan-National Woodworking Co. v. Cline

This is an action of contract in which the plaintiff got a verdict for $2,845.50 on count 2 of the declaration, which was for $3,350 for labor and material on an account annexed. The case comes here on exceptions taken by the defendant.

There was a written contract for $5,450, on which $3,000 was paid on account, leaving a balance of $2,450. The action is for that balance, plus extra work of $885. There was evidence that the plaintiff intentionally deviated from the contract in building the main staircase in the house. The general manager of the plaintiff testified on cross-examination that…