Mammarella v. Rugeriis

Opinion by

Keeeer, J.,

This was an action of assumpsit to recover a balance due the plaintiff under a written contract for the erection of a building. The contract price was $4,750, of which $4,250 was paid, leaving a balance of $500, which was demanded in this suit. The defendant admitted payment of only $4,250, but set up by way of counterclaim two items of damages: (1) Resulting from defective work, $139.50; (2) liquidated damages for delay in completing the building, as per contract, 66 days at $15 per day, $990. Plaintiff was permitted tó amend his statement by an averment that the delay…