Smedley v. Walden

This is an action of contract to recover the balance alleged to be due the plaintiff on a written contract for the construction of a “ Movie Picture House and block ” as shown on the drawings and described in the specifications, which are made a part of the contract. When the action was brought in the Superior Court the declaration contained a count upon the original contract, and a count for extras which is not now an issue in this case. The case was referred to an auditor, who heard testimony and filed his report; that report is not material to the questions of law here presented. At the…