MacDonald & Payne Machine Co. v. Metallic Arts of New England, Inc.

These are two actions of contract which were tried together. In one action MacDonald and Payne Machine Company, Inc. (hereinafter called MacDonald), seeks to recover from Metallic Arts of New England, Inc. (hereinafter called Metallic), under count 1 of its declaration the sum of $1,948 for labor and materials as set forth in its account annexed; in its second count recovery of the same amount is sought as a balance due under an alleged contract to make certain dies for Metallic. Both counts are for the same cause of action. In the other action, which arises out of the same transaction,…