Goldman v. Johns-Manville Sales Corp.

Keniston, C. }.

This is an action of contract or tort to recover damages or expenses incurred by the failure of the defendant to perform certain repairs to the plaintiff’s porch and roof in a workmanlike and satisfactory manner. Count 1 is in contract for breach of warranty and count 2 is in tort for negligently performing the work. The defendant’s answer is a general denial with a plea of contributory negligence.

At the trial there was evidence which in its aspect most favorable to the plaintiff tended to show that the plaintiff was the owner of a Dutch Colonial brick veneer two-story house of…