338 Mass. 793 | Mass. | 1959
Exceptions overruled. In this action of tort the plaintiff had a verdict, which was recorded under leave reserved. The sole question for decision is whether the judge erred in denying the defendant’s motions (1) for a directed verdict and (2) to enter a verdict in her favor under leave reserved. We summarize the relevant evidence as follows: The plaintiff, an experienced bricklayer and mason, entered in an agreement with the defendant’s intestate (hereinafter called De Avilla) to do certain masonry work on a house that De Avilla was building in Stoneham. Under the agreement De Avilla was to