JAMES MILES & SON CO. v. ÆTNA CASUALTY & SURETY CO.

No. 5182.

1 F.Supp. 925 (1932)

JAMES MILES & SON CO. v. ÆTNA CASUALTY & SURETY CO.

District Court, D. Massachusetts.

November 29, 1932.


Attorney(s) appearing for the Case

Stuart Macmillan and Barker, Davison & Shattuck, all of Boston, Mass., for plaintiff.

McConnell, Triggs & McConnell, of Boston, Mass., for defendant.


BREWSTER, District Judge.

This is an action at law to recover on a bond given by the defendant, as surety, with W. J. Devinney Company, a partnership, as principal, to guarantee to the plaintiff performance by the Devinney Company of its subcontract with the plaintiff. The case was heard without jury. The facts material to the issues involved are not in dispute. Briefly, they are as follows:

The plaintiff, in May...

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