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ROBINSON CLAY PRODUCT v. BEACON CONSTR. CO. OF MASS.

339 Mass. 406 (1959)

159 N.E.2d 530

THE ROBINSON CLAY PRODUCT COMPANY vs. BEACON CONSTRUCTION COMPANY OF MASSACHUSETTS, INC., & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 15, 1959.

Attorney(s) appearing for the Case

Irvin M. Davis, for the plaintiff.

Robert J. Sherer, (Frederick W. Roche with him,) for the defendants.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WILKINS, C.J.

In this action of contract on a "payment bond on general contractor," the defendants are Beacon Construction Company of Massachusetts, Inc., the contractor, and Maryland Casualty Company, the surety. The plaintiff furnished to a subcontractor of Beacon material which was used upon the project and not paid for. The defendants' demurrers to the declaration were sustained, and the plaintiff appealed.

The...

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