CONDON, Justice.
This is an action of assumpsit in which a verdict was directed for the defendant. The plaintiff duly excepted thereto and the case is here solely on such exception. His other exceptions being neither briefed nor argued are deemed to be waived.
The case was tried in the superior court on the issues raised by the following pleadings. The plaintiff's declaration alleged that he entered into a building contract with defendant on or about January...
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