CAREY v. BOURQUE-LANIGAN POST NO. 5


104 A.2d 438 (1954)

CAREY v. BOURQUE-LANIGAN POST NO. 5, AMERICAN LEGION, et al.

Supreme Judicial Court of Maine.

March 13, 1954.


Attorney(s) appearing for the Case

Jerome G. Daviau, Waterville, for plaintiff.

Thomas N. Weeks, Eaton & Eaton, Cyril Joly, Jr., Waterville, for defendants.

Before MERRILL, C. J., and THAXTER, FELLOWS, TIRRELL and WEBBER, JJ.


WEBBER, Justice.

The plaintiff is a building contractor. The two principal defendants are for the purposes of this case one entity as their rights and obligations are identical. The parties entered into a single, entire, written contract for the erection of an American Legion building at an agreed price of $129,978. Final payment was conditioned on issuance of a certificate of completion and acceptance by the architect named in the contract. The work was to be substantially...

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