Murphy v. DeNardo

Plaintiff John E. Murphy, acontractor (“Murphy”), appeals from a judgment of the Woburn Division of the District Court Department. Murphy brought this action in contract on an account annexed to recover $5,708.00for work, labor and materials supplied in the excavation and installation of a foundation with structural slab and the installation of water and sewer services on property owned by the defendant.

The defendant, Anthony DeNardo, a homeowner (“DeNardo”), denied that he owed any amount to Murphy. He set forth affirmative defenses under Dist./Mun. Cts. R. Civ. P., Rule 12(b) (6) and of…