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FRED C. McCLEAN HEATING SUP. v. M.J. WALSH & SONS

349 Mass. 489 (1965)

209 N.E.2d 340

FRED C. McCLEAN HEATING SUPPLIES, INC. vs. M.J. WALSH & SONS, INC.

Supreme Judicial Court of Massachusetts, Hampden.

July 2, 1965.

Attorney(s) appearing for the Case

Joseph M. Corwin for the plaintiff.

Dudley B. Wallace, for the defendant, submitted a brief.

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

REARDON, J.

On April 8, 1959, the defendant was awarded a prime contract from the United States through the Housing and Home Finance Agency for the construction of an elementary school addition at Westover Air Force Base in Chicopee. The plaintiff entered into a subcontract with the defendant to perform the heating and ventilating work for the sum of $56,000. This work was to be in accordance with the architect's plans and...

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