RONAN, J.
This is a bill in equity brought by one Duteau under G.L. (Ter. Ed.) c. 30, § 39, as appearing in St. 1935, c. 472, § 1, to obtain payment for labor furnished and equipment supplied to the individual defendants in the performance of a contract made on July 26, 1949, by the Commonwealth with them for the construction of a section of the Mid-Cape Highway, so called, in which the officers contracting in behalf of the Commonwealth were given the right...
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