Gallo v. National Nursing Homes, Inc.

This is a civil action wherein the plaintiff, a builder, seeks to recover damages allegedly owed him by the defendants. Hereafter, we shall refer to one defendant as “National” and the other as “Kent.” The case is before us on the plaintiff’s appeal from the judgment entered by a Superior Court justice granting Kent’s motion for a summary judgment.

The record shows that Kent owns and operates a nursing home in Warwick. On December 15, 1967, Kent and National entered into a written contract whereby National would build an addition to the nursing home. Later, in June 1968, National and plaintiff…