Albre Marble & Tile Co. Inc. v. John Bowen Co. Inc.

The declaration in this action of contract contains four counts. The plaintiff in counts 1 and 2 seeks damages for the defendant’s alleged breach of two subcontracts under which the plaintiff agreed to supply labor and materials to the defendant as general contractor of the Chronic Disease Hospital and Nurses’ Home in Boston. In counts 3 and 4 the plaintiff seeks to recover the value of work and labor furnished by it to the defendant at the defendant’s request. The defendant’s substitute answer in defence to the first two counts states that the performance of the subcontracts became…