Marinucci Bros. & Co. v. Trayers

Nash. P. J.

Contract by which the plaintiff seeks to recover $3,272.24 for work done and materials and equipment furnished by the plaintiff on land of the defendant. The defendant’s answer is a general denial and recoupment based on the breach of a verbal contract. Requests for rulings were filed by both parties.

After trial, on January 3, 1952 notice was re-ceived of a finding by the trial judge entered on December 31, 1951.

On January 5, 1952 the clerk of the court re-ceived from the plaintiff a paper entitled "Plaintiff’s Request for a Report” which read as follows:

"Now comes the plaintiff in…