Warren Balderston Co. v. Ivory

The opinion of the court was delivered by

Parker, J.

We consider that this “appeal” is premature, and not properly before us.

The suit is in contract for work and labor done and materials furnished by plaintiff in and about the electrical equipment of a house and office for the defendants, husband and wife. The first count of the complaint is based on a claim of agreed prices; the second, relating to the same work and materials, on a quantum meruit. The defenses are, in substance, a lump sum contract, the contract price having been paid; defective work: and a denial that all the labor and…