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NEWTON CONSTR. v. W. & S. WATER SUPPLY DIST. OF ACTON

326 Mass. 171 (1950)

93 N.E.2d 457

NEWTON CONSTRUCTION COMPANY vs. WEST AND SOUTH WATER SUPPLY DISTRICT OF ACTON (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

February 8, 1950.

June 29, 1950.

Attorney(s) appearing for the Case

A.W. Wunderly, for West and South Water Supply District of Action.

P.S. Ratzkoff, for the defendant Employers' Liability Assurance Corporation, Limited.

D.C. Kadra, for Newton Construction Company.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.

SPALDING, J.

These are two actions of contract which were tried together. In one the Newton Construction Company, hereinafter called the contractor, seeks to recover for breach of contract against the West and South Water Supply District of Action, hereinafter called the district. The other action arises out of the same contract and is brought by the district against the contractor and the surety on its performance bond. The latter will hereinafter be referred to...

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