Eastern Electrical Co. v. Martin

This is an action of contract to recover for labor and materials allegedly performed for and supplied by the plaintiff to the defendant.

Plaintiff’s declaration is on a common count in the sum of $9,580.13. The defendant’s answer is (1) a general denial; (2) a plea of *43payment; (3) an allegation that the plaintiff dealt with the defendant as an agent of another and the labor performed and materials supplied were for an account of another; and (4) the Statute of Frauds (Gr.L. c. 259, $ 1 — no note or memorandum of a special promise to answer for the debt of another.)

The court found for the…