Wakefield Construction Co. v. Mastrorillo

This is an action of contract to recover money owed by the defendant to the plaintiff based upon two claims. Count One is on a promissory note of $17,193.11. Count Two is based upon money owed by the defendant to the plaintiff of $17,193.11 for materials and labor ordered by the defendant. The answer of the defendant is a general denial, mistake, fraud in the inducement, illegality, failure of consideration and estoppel.

The court found for the defendant on count one and for the plaintiff on count two, for $11,474.78.

At the trial there -was evidence tending to show that in the spring of 1973,…