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NEW ENG. INSULATION CO. v. BEACON CONSTR. OF MASS.

342 Mass. 407 (1961)

174 N.E.2d 26

NEW ENGLAND INSULATION CO. vs. BEACON CONSTRUCTION COMPANY OF MASSACHUSETTS INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 1961.

Attorney(s) appearing for the Case

Richard H. Davis, for the plaintiff.

Robert J. Sherer, for the defendants.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

SPIEGEL, J.

This is an action of contract on a "Payment Bond on General Contractor" given by the defendant Beacon Construction Company of Massachusetts Inc. (hereinafter referred to as Beacon) as principal and the defendant Maryland Casualty Company as surety in favor of the Portsmouth Housing Authority, a public instrumentality of the State of New Hampshire.1 A judge of the Superior Court reserved and reported the case without decision...

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