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BALDWIN'S STEEL ERECTION CO. v. CHAMPY CONSTRUCTION CO

353 Mass. 711 (1968)

234 N.E.2d 763

BALDWIN'S STEEL ERECTION CO., INC. vs. CHAMPY CONSTRUCTION COMPANY, INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 1, 1968.

Attorney(s) appearing for the Case

Salvatore J. Basile for Champy Construction Company, Inc.

Henry M. Polese for the plaintiff.

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

SPIEGEL, J.

The plaintiff brought this bill in equity under G.L.c. 149, § 29, to establish its right to payment for labor and materials furnished by it in the construction of a school in the town of Andover. The trial judge made "Findings, Rulings and Order for Decree" which he adopted as his "Report of Material Facts." He found "that the defendant, Champy Construction Company, Inc. [Champy], is indebted to the plaintiff in the sum of $5,730.00, which sum represents...

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