Slaw Construction Corp. v. Abt (In re Slaw Construction Corp.)

MEMORANDUM OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The instant case is before us on a motion for reconsideration of our opinion, 14 B.R. 175 (Bkrtcy.1981) and order granting judgment for the debtor against the defendant or a motion for a new trial of the instant complaint. We conclude that there is no merit to either of the motions and will, therefore, deny them.

The facts are briefly:1 On April 8, 1981, Slaw Construction Corporation (“the debt- or”) filed a complaint against Richard J. Abt (“Abt”) seeking the final payment allegedly due under a construction contract. After a trial was held…