LaBelle v. DiStefano

131 A.2d 814, 85 R.I. 359, 1957 R.I. LEXIS 35
CourtSupreme Court of Rhode Island
DecidedMay 15, 1957
StatusPublished
Cited by6 cases

This text of 131 A.2d 814 (LaBelle v. DiStefano) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LaBelle v. DiStefano, 131 A.2d 814, 85 R.I. 359, 1957 R.I. LEXIS 35 (R.I. 1957).

Opinion

Andrews, J.

This is an action of assumpsit for extras in connection with a building contract. The case was tried in the superior court by a justice thereof who rendered a decision for the plaintiff. The defendants excepted to this decision and the case is before us on that exception and fifty-two others.

[361]*361The plaintiff claimed seven extras. The original contract price was $8,800. The plaintiff admitted he had received that price plus $800 on account of the extras. He testified that the extras amounted to $2,570. Deducting from that figure the admitted payment of $800, his claim was reduced to $1,770. The trial justice further deducted $850 from the $1,770 and entered a decision for $920.

The defendants admitted that there were some extras. They claimed that some of the asserted extras were not in fact extras; that as to the admitted extras the price was too high; that they had paid for some labor and materials for which plaintiff should give them credit; and that the payment of $800 in addition to the foregoing compensated plaintiff. They also relied upon a general release.

Since we are satisfied that the release was a complete defense, we shall refer only to that part of the record which deals with that document. The release reads as follows:

“Release
For: Contractor, Michael Iabello [sic]
House: at 35 Intervale Street
North Providence, R. I.
We The Undersigned Are Releasing Stock and Labor For The Above Mentioned
Mohawk oil Service
Plumbing & Heating
Tile Work
Drain Layer
Frank Lasorsa
J. Cordente
Prisco’s Metal Works C. E. Taylor
Exterior Paint Work
Brewster Bldg. Materials Co.
John Rotondo
Joseph R. Ronzio
Michael Iacobbo
Plasttrs
(Lathing)
Arthur C. Prisco
Interior Painter & Papering
Angelo Giordano Jr.
Building Materials
E. O. Cardin Greenville Lumber Finish Lumber Beleaseing a 11 claims for Payment in full to Mr. Jack & Mrs. Mary Di Stefano on Building 35 Inter-vale Ave Lymansville No. Prov. As General Contractor
[362]*362May 2, 1952
By Anthony Rossi
Stoughton Supply & Lumber, Inc.
5/5/52
M. M. Byer
W. Sweeney Insulation
5-6-52
Building Materials
Michael J. La Belle
55 Mildred St
Lymansville R. I (italics ours)
May 8, 1952
Check #290”

The notation “May 8, 1952 Check #290” was put on by Mrs. DiStefano.

The plaintiff advanced several reasons why he was not barred by this release. He said it did not release defendants for the extras. The house was begun in 1951 and plaintiff testified that after he signed the release he did no work on it except to install some blinds, which he did not claim were extras. He admitted writing and signing that part of the release which affects him. Had he intended to leave the extras out of the release, he should have so provided therein.

The plaintiff also claimed the release covered only mechanics’ liens. It is clear that as far as the subcontractors, laborers, and materialmen are concerned this was the ordinary mechanics’ lien release, but after these parties had signed, the plaintiff wrote in the words we have italicized on the right-hand side just above his signature and received a check for $2,200. Furthermore, he admitted that Mr. DiStefano said “he was ready to pay me for everything.” Mr. DiStefano testified that plaintiff stated the full amount owed was $2,600 and that defendants accepted that figure but it was agreed that they should retain $400 to cover claims of those who had not signed the release. Although plaintiff was called in rebuttal, he did not deny this testimony. The plaintiff also admitted that he received $200 later. The defendants claimed that they were forced to [363]*363pay much more than the $200, and there is no doubt that they paid at least another $200.

The plaintiff testified that this document “was prepared by the plumber, a friend of Mr. DiStefano’s. * * * When the plumber wanted money from DiStefano or rather from me and when I asked Mr. DiStefano to make his first payment. He said he would have to have a release for that purpose from all subcontractors.” The payment of $2,200 was not the first payment. Long before that plaintiff had received approximately $7,000. Furthermore, this testimony does not help plaintiff because therein he was referring only to the subcontractors.

On redirect the plaintiff was asked: “Did you get any explanation from Mr. or Mrs. DiStefano as to why these signatures, including yours, were wanted on this paper?” He answered: “Yes. They said they had to have a release from me to show that the subcontractors would not attach them for payment after I got my money to pay them.” Apparently plaintiff used the word “attach” to refer to asserting mechanics’ liens. The statement is consistent with the interpretation we have placed upon the release. It clearly shows that he was to be paid, but before receiving his pay, the subcontractors would have to release their liens.

The defendants moved for a nonsuit at the end of plaintiff’s case. The trial justice denied this on the ground that there was some ambiguity in the release, but he did not say what that ambiguity was. In his decision the trial justice did not mention the release. Although neither plaintiff nor the trial justice commented upon it the phrase “As General Contractor” may have seemed to the latter to create an ambiguity. At that stage of the proceedings the trial justice may have been justified in treating the release as ambiguous, but when he came to his decision he should have resolved the ambiguity against plaintiff who admitted he drew his release. In Gilman v. Murphy, 67 R. I. 149, where the document was admittedly ambiguous, the court, [364]*364at page 154, stated: “The language and punctuation are the complainant’s, through her agent. It was within her power to express the meaning, for which she now contends, in clearer, if not unmistakable, terms. As the stipulation was drawn by complainant’s representative, it is to be construed more strongly against her.”

It could be said that the use of the words “As General Contractor” indicated that plaintiff was simply doing what the others were doing, namely, releasing his mechanics’ lien.

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La Belle v. Di Stefano
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Cite This Page — Counsel Stack

Bluebook (online)
131 A.2d 814, 85 R.I. 359, 1957 R.I. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labelle-v-distefano-ri-1957.