Daddario v. Town of Medfield

This is an action of contract in which the plaintiff seeks to recover for work done by him in connection with the construction of a certain section of the water pipe system in the town of Medfield. The original declaration contained two counts. Count 2 was waived. The first count was struck out by order of the judge on the ground “that there was not sufficient evidence in fact and in law to require its submission to the jury.” An amendment of the declaration was allowed by the judge at the conclusion of the evidence. The amended declaration was the only declaration considered by the jury. The…