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VAPPI & CO. INC. v. SULLIVAN

331 Mass. 463 (1954)

120 N.E.2d 203

VAPPI & COMPANY, INC. vs. JOSEPH L. SULLIVAN & another.

Supreme Judicial Court of Massachusetts, Middlesex.

June 8, 1954.

Attorney(s) appearing for the Case

John A. Daly, for the defendants.

Charles C. Worth, for the plaintiff.

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

WILLIAMS, J.

The plaintiff had a written contract with B & M Realty Company, hereinafter referred to as the owner, to build for it a so called shopping center on the southerly side of Riverside Avenue in Medford. The specifications which accompanied and were a part of the contract contained the following provisions:

"PUBLIC UTILITIES

"The Contractor shall take suitable care of all public utilities encountered in connection with the work. He shall...

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