Lantz v. Chandler

The declaration in this action of contract contains three counts but we are concerned only with the first, which is on an account annexed. Recovery was sought on quantum meruit for substantial performance of a building contract. The judge found for the plaintiff in the sum of $1,885. A report to the Appellate Division was dismissed and the defendants appealed.

At the trial there was evidence tending to establish the following: The plaintiff, a builder, entered into a written contract with the defendants to build a house. The plaintiff commenced to build the house in July, 1957, and continued…