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PHILIP CAREY MANUF. CO. v. PEERLESS CASUALTY CO.

330 Mass. 319 (1953)

113 N.E.2d 226

THE PHILIP CAREY MANUFACTURING COMPANY vs. PEERLESS CASUALTY COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 15, 1953.

Attorney(s) appearing for the Case

Irvin M. Davis, for the plaintiff.

Daniel Santry, for the defendants.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.

SPALDING, J.

This is an action of contract to recover for labor and materials. The auditor, to whom the case was referred, found these facts. On June 1, 1950, the defendant Frankini Construction Co. Inc., hereinafter called Frankini, entered into a contract with the Waltham Housing Authority for the construction of a State aided housing project in Waltham. Pursuant to the terms of the contract Frankini, as principal, and the defendant Peerless Casualty Company, as...

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