VENETO v. McCLOSKEY & CO.


333 Mass. 95 (1955)

128 N.E.2d 337

JOSEPH A. VENETO vs. McCLOSKEY & CO. & another.

Supreme Judicial Court of Massachusetts, Suffolk..

July 18, 1955.


Attorney(s) appearing for the Case

Francis D. Branca, (Frank Mulready with him,) for the intervener.

Frank P. Hurley, for the plaintiff.

Vincent R. Brogna, (Maxwell McConnell & J. Dress Pannell of Pennsylvania, with him,) for the defendant McCloskey & Co.

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


SPALDING, J.

McCloskey & Co. (hereinafter called McCloskey), a Delaware corporation engaged in the business of erecting buildings, and the United States of America entered into a written agreement on February 15, 1950, whereby McCloskey was to construct a one thousand bed veteran's administration hospital in Boston for a lump sum of $10,563,000 subject to increase or decrease by virtue of the operation of the unit prices for rock excavation and concrete as set...

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