Gallizzi v. Scavo

Opinion

Per Curiam,

The cause of action in this case began as a mechanic’s lien proceeding but, by agreement of the parties, was tried as an action of assumpsit so that the defendants could plead a counterclaim. The plaintiff’s claim was for $23,000, the defendants’ counterclaim for $5,200.

The jury rejected the defendants’ counterclaim and returned a verdict in favor of the plaintiff in the sum of $19,000 for labor performed and equipment employed in behalf of the defendants under both a written agreement and subsequent oral agreements between the parties.

The defendants have appealed from the…