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GORDON v. ROBINSON HOMES, INC.

342 Mass. 529 (1961)

174 N.E.2d 381

HARRY GORDON vs. ROBINSON HOMES, INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 2, 1961.

Attorney(s) appearing for the Case

John W. Blakeney, for the plaintiff.

Bertram Glovsky, for the defendants.

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

SPALDING, J.

This is an action of contract on a bond executed by the defendant Robinson Homes, Inc. (Robinson), as principal and the defendant American Surety Company (American) as surety. From an order sustaining the defendants' demurrer the plaintiff appealed.

The averments of the declaration in substance are as follows: On April 25, 1956, Robinson as principal and American as surety executed and delivered to the city of Beverly a bond in the penal sum of...

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