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eBook details

• Title: Tosti v. Rossetti Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 30, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

CROSBY, J. This is an action of contract to recover a balance due for work and labor performed, materials furnished and moneys expended in the erection of certain houses for the defendants. By order of the trial Judge the jury returned a verdict for the defendant Mary Rossetti. The jury found for the plaintiff against Jerry L. Rossetti, who will hereinafter be referred to as the defendant, in the sum of $1,814.98 as damages, and $254.82 as interest. The plaintiff testified that in 1925 he entered into a written contract with the defendant whereby he was to build a house; that he built the house and was paid for it $1,050; that afterwards he built about thirteen or fourteen other houses under oral contracts by the terms of which the defendant agreed to pay him $1.25 per hour for work performed by the plaintiff or by his employees: that an apprentice employed by the plaintiff was to receive $.50 an hour; that the defendant was to pay the cost of transportation to and from the out of town jobs, and was to furnish all materials used and reimburse the plaintiff for any money expended for materials furnished by him; that a short time after the work began the parties changed the price from $1.25 to $1.15 per hour for labor performed or furnished; that the plaintiff performed work for the defendant from 1925 to about April, 1928; that the houses were built under the supervision of the defendant. The plaintiff further testified that he kept a book marked Exhibit one wherein he made entries of each day's work performed; that he paid all the men that he employed; that he and the defendant met about once a month 'to check things up'; that they always agreed after checking up the books and if there was any difference they would settle the matter by 'splitting the difference.' The plaintiff makes no claim for work done on the first house built by him under the written contract, nor for the work done on the house in Hyde Park, both of which were paid. He testified that the defendant told him he could not pay what he owed because he was unable to borrow money from banks; that the defendant never made any complaint about the work or the amount due the plaintiff until after this action was brought; that the amount annexed to the declaration was a fair statement of what his book showed including the credits allowed; that the total work, excluding the house in Hyde Park, and the house built under the written contract, amounted to $18,301; that he was paid $15,585.94; that all payments made by the defendant were by check; that in April, 1928, he presented the defendant with a bill containing a final statement of the amount due him, and three weeks later the defendant told him he could not pay because he did not have any money.

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