District Court, D. New Hampshire October 16, 1957, Civ. A. 1721 (Stanley v. Clark)

CONNOR, District Judge.

This is a motion to dismiss defendant’s counterclaim.

Harry A. Stanley, on October 9, 1956, brought an action of contract for

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$5,500 for labor and materials' allegedly-furnished to defendant George N. Clark in the construction of a motel. Stanley died on December 5, 1956, and Daisy B. Stanley was appointed administratrix of his estate on January 2, 1957.