BOSTON PLATE & WINDOW GLASS CO. v. JOHN BOWEN CO.


335 Mass. 697 (1957)

141 N.E.2d 715

BOSTON PLATE & WINDOW GLASS COMPANY vs. JOHN BOWEN CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

April 12, 1957.


Attorney(s) appearing for the Case

Robert G. Dodge, (Robert F. Bradford with him,) for the defendant.

John Cancian, for the plaintiff.

Present: SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


SPALDING, J.

This is an action of contract in which the plaintiff seeks damages arising from the defendant's alleged refusal to permit it to perform two subcontracts under which the plaintiff agreed to supply to the defendant as general contractor certain labor and materials for the erection of the Lemuel Shattuck Hospital. The defendant's substitute answer sets up the defence that its performance of the subcontracts became impossible by reason of the decision of...

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