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FARM-RITE IMPLEMENT CO. v. FENESTRA INC.

340 Mass. 276 (1960)

163 N.E.2d 285

FARM-RITE IMPLEMENT COMPANY vs. FENESTRA INCORPORATED & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

January 13, 1960.

Attorney(s) appearing for the Case

Joseph Golant, for Clark.

Warren G. Reed, (Lewis L. Wadsworth, Jr., with him,) for Farm-Rite Implement Company.

Robert J. Sherer, for Fenestra Incorporated and another.

Lawrence H. Adler, (Fred Ross with him,) for S. & A. Allen Construction Co. and another.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.

CUTTER, J.

On May 6, 1954, the Commonwealth entered into a contract (the main contract) with S. & A. Allen Construction Company (Construction) to build the control tower at Logan International Airport. One Clark, a defendant in one of the present suits and the petitioner in the other, was the successful subbidder and subcontractor to supply the metal windows and metal frames.

Clark, who did not himself fabricate metal windows, approached Farm-Rite Implement...

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