Webber v. Johnson

■Spiegel, J.

This is an action of contract brought in two counts. Count 1 alleged breach of a contract in writing for the erection of a single family frame dwelling on the land of the defendants. Count 2 was in quantum meruit for labor and materials furnished by the plaintiff. The plaintiff contractor alleged that he performed his part of the contract until further performance was stopped by the refusal of the defendants to pay an instalment of money due to the plaintiff under the terms of the contract.

The defendants in their answer to count 1 admitted that they had entered into the contract…