Tocci v. Lembo

This is an action of contract to recover a balance alleged to be due for labor and materials furnished in the erection of a house for the defendants on their land in Newton. Of the two counts in the plaintiff’s declaration one is on an express contract for the construction of the house and one on an account annexed. In addition to general denial and payment the answer sets up illegality of the contract and illegality of its performance. The case is here on the plaintiff’s appeal from an order of the Appellate Division dismissing a report of the trial judge in the District Court after a…