M. AHERN CO. v. JOHN BOWEN CO. INC.


334 Mass. 36 (1956)

133 N.E.2d 484

M. AHERN CO. vs. JOHN BOWEN CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 1956.


Attorney(s) appearing for the Case

Robert G. Dodge, (Robert F. Bradford & Herbert P. Wilkins with him,) for the defendant.

James M. Graham, (Edward U. Lee with him,) for the plaintiff.

Present: QUA, C.J., RONAN, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

This is an action of contract to recover for labor and materials furnished by the plaintiff as a subcontractor, to the defendant as general contractor, in connection with the construction in Boston, by the Commonwealth, of the Chronic Disease Hospital and Nurses' Home. The case was tried in the Superior Court without a jury and the judge found for the plaintiff. The defendant excepted (1) to the refusal of the trial judge to rule that upon all the evidence...

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