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DANIEL O'CONNELL'S SONS, INC. v. COMMONWEALTH

349 Mass. 642 (1965)

212 N.E.2d 219

DANIEL O'CONNELL'S SONS, INC. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

December 2, 1965.

Attorney(s) appearing for the Case

John F. Moriarty for the petitioner.

Edward A. Roster, Special Assistant Attorney General, for the Commonwealth.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.

KIRK, J.

This is a petition under G.L.c. 258, §§ 1 and 2, to establish the petitioner's right to damages as the result of costs incurred for alleged extra work in the performance of a road building contract with the Commonwealth. In the Superior Court the case was referred to an auditor who found for the petitioner (contractor). Thereafter the case was heard by a judge who, upon the auditor's report and other evidence, made findings of fact and an ultimate...

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