Zuccaro v. Frenze

These two actions of assumpsit, which arose out of the same transaction, were tried together in the superior court before a justice sitting without a jury. At the conclusion of the hearing, the trial justice rendered a decision for the plaintiff for $888.21 in the case of Zuccaro v. Frenze, and a decision for the defendant for costs in the case of Frenze v. Zuccaro. The cases are before us on Frenze’s exceptions to such decisions, all other exceptions having been waived.

The first case was brought by Zuccaro, a contractor, to recover the balance due under an agreement to construct a building…