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MISHARA CONSTRUCTION v. TRANSIT-MIXED CONCRETE CORP.

365 Mass. 122 (1974)

310 N.E.2d 363

MISHARA CONSTRUCTION COMPANY, INC. vs. TRANSITMIXED CONCRETE CORP.

Supreme Judicial Court of Massachusetts, Middlesex.

April 17, 1974.

Attorney(s) appearing for the Case

David C. Hawkins for the plaintiff.

Andrew T. Campoli, for the defendant, submitted a brief.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, & KAPLAN, JJ.

REARDON, J.

In this action of contract a verdict was returned for the defendant. The case is here on the plaintiff's exceptions.

The plaintiff Mishara Construction Company, Inc. (Mishara) was the general contractor under contract with the Pittsfield Housing Authority for the construction of Rose Manor, a housing project for the elderly. In September, 1966, the plaintiff negotiated with the defendant Transit-Mixed Concrete Corp. (Transit) for the supplying...

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