Hub Construction Co. v. Dudley Wood Works Co.

This is an action of contract to recover a balance of $2,023, and interest, for erecting an addition to a building owned by the defendant. The declaration is in three counts, alleged to be for the same cause of action. The first count is upon an account annexed for “work and labor performed by the plaintiff ... in accordance with” agreements dated, respectively, May 15, May 22, and June 8, 1928; the second count is upon written agreements of those dates, and the third count for “substantial performance” of an agreement made on or about May 15, 1928.

*495At the trial of the case to a jury there was…