BAILEY v. SOMMOVIGO

No. 92-457.

137 N.H. 526 (1993)

ROBERT C. BAILEY v. ALDO AND MARIE SOMMOVIGO

Supreme Court of New Hampshire.

August 10, 1993.


Attorney(s) appearing for the Case

Law Offices of Jack Bryan Little, of Boston, Massachusetts (Jack Bryan Little on the brief and orally), for the plaintiff.

Ralph Stein, of Salem, by brief and orally, for the defendants.


HORTON, J.

The plaintiff, Robert Bailey, brought a plea of assumpsit to recover the balance due under a construction contract with the defendants, Aldo and Marie Sommovigo. The defendants, in turn, brought a counterclaim seeking damages from the plaintiff for breach of contract. Following a bench trial, the Superior Court (Smukler, J.) dismissed both actions, holding that while the plaintiff was entitled to the balance of the contract, this amount was entirely...

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