Aerostatic Engineering Corp. v. Szczawinski

The plaintiff, pursuant to a written agreement with the defendant, performed a substantial part of a $60,000 contract before terminating it because of the defendant’s asserted refusal to make payments as they became due under the contract. The plaintiff seeks in one count to recover $54,000 allegedly due under the contract and in a separate count to recover the same amount on an account annexed for labor and material furnished to the defendant. The plaintiff filed a motion for judgment on undisputed facts under G. L. c. 231, § 59, as amended through St. 1965, c. 491, § 1, which makes summary…