Nocero v. Denitto

Davis, J.:

The action is brought by plaintiff to recover a balance alleged to be due for labor and materials furnished defendants in the summer of 1923 in making alterations and additions to a house owned and occupied by them.

The parties agree there was no written plan or specifications • covering the improvements to be made. Nor is there substantial dispute that the value of the labor and materials is the amount plaintiff claims, to wit, $2,269.77. The parties differ primarily on the question of whether there was an express contract to do the work at a price fixed in advance. The plaintiff…