Constantine v. Gunn

The defendant’s plea in abatement to the jurisdiction of the court was denied *101and he claimed a report.1 The action was commenced by a trustee writ described as “one of contract for personal services” with an ad damnum of $1800.00. Count one of the declaration alleges a breach of a written contract in which the defendant agreed to furnish labor and material in construction work on the residence of the plaintiff. Count two is on an “account annexed”.

The defendant asserts the writ should be abated because of non-compliance with the provisions of G-.L. c. 246, § 1.

This statute provides that a…