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BERKAL v. M. DE MATTEO CONSTRUCTION CO.

327 Mass. 329 (1951)

98 N.E.2d 617

MARTIN BERKAL, trustee in bankruptcy, vs. M. De MATTEO CONSTRUCTION Co.

Supreme Judicial Court of Massachusetts, Essex.

May 4, 1951.

Attorney(s) appearing for the Case

A.R. Pitcoff, (P. Strome with him,) for the plaintiff.

F.T. Leahy, (W.B. Shevory with him,) for the defendant.

Present: QUA, C.J., WILKINS, WILLIAMS, & COUNIHAN, JJ.

COUNIHAN, J.

This is an action of contract according to an account annexed. The defendant had a contract, hereinafter called the prime contract, with the Commonwealth acting through its department of public works, hereinafter called the department, for the construction of runways at the Logan International Airport in East Boston. With the approval of the department as required by this contract, the defendant entered into a subcontract dated October 29, 1947, with...

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