Morello v. Levakis

The plaintiff, a building contractor, brings this action against the owner of a brick building located on Seventh Street, in Springfield, to recover a balance alleged to be due to the plaintiff on account of a written contract between the parties under which the plaintiff has added a second story to the defendant’s building.

The trial judge has refused to find for the plaintiff on *451the written contract, presumably because of certain deficiencies in performance. Bowen v. Kimbell, 203 Mass. 364. Searls v. Loring, 275 Mass. 403. He has, however, after deducting $85 for the deficiencies, found for…