Bissanti Design/Build Group v. McClay

The defendants appeal from a judgment of $38,628.35 in favor of the plaintiff contractor and from the denial of their motion to vacate the judgment. The complaint alleged the breach of an oral contract and also contained a count for quantum meruit for renovating the basement of the defendants’ building. The defendants claim error in the judge’s refusal to remove a default which was entered pursu ant to Mass.R.Civ.P. 55(a), 365 Mass. 822 (1974), in the assessment of damages, and in the failure of the judge to make findings on damages.

1. A default was entered after the defendants failed to…