ALBRE MARBLE & TILE CO. INC. v. JOHN BOWEN CO. INC.


338 Mass. 394 (1959)

155 N.E.2d 437

ALBRE MARBLE AND TILE COMPANY, INC. vs. JOHN BOWEN CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 15, 1959.


Attorney(s) appearing for the Case

Benjamin Goldman, (Harry J. Finkelstein with him,) for the plaintiff.

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

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


SPALDING, J.

The declaration in this action of contract contains four counts. The plaintiff in counts 1 and 2 seeks damages for the defendant's alleged breach of two subcontracts under which the plaintiff agreed to supply labor and materials to the defendant as general contractor of the Chronic Disease Hospital and Nurses' Home in Boston.1 In counts 3 and 4 the plaintiff seeks to recover the value of work and labor furnished by it to the...

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