Brian Construction & Development Co. v. Brighenti

The plaintiff, a contractor, brought this action for damages against the defendant, a subcontractor, alleging that the defendant had breached a contract under which he had promised to perform certain excavation work for the plaintiff. The defendant counterclaimed. The court rendered judgment for the defendant on the plaintiff’s claim and for the plaintiff on the defendant’s counterclaim. Prom the judgment for the defendant, the plaintiff has appealed.

The relevant facts as found by the court are as follows: In early 1968, Joseph E. Bennett, doing business as Joseph E. Bennett Company, entered…