CARROLL HUNNEWELL, INC. v. SOUTHBORO CONSTR. CORP.


343 Mass. 667 (1962)

180 N.E.2d 343

CARROLL HUNNEWELL, INC. vs. SOUTHBORO CONSTRUCTION CORP. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 21, 1962.


Attorney(s) appearing for the Case

Tanous J. Thomas, for the defendants Joseph Rugo, Inc. and others.

Bernard P. Rome, for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.


SPALDING, J.

Section 29 of G.L.c. 149, as amended through St. 1957, c. 682, § 1, provides, in part, that "In order to obtain the benefit of ... [a statutory security bond] the claimant shall file ... with the contracting officer or agent in the case of a contract with the commonwealth ... a sworn statement of his claim prior to the expiration of ninety days after the claimant ceases to ... furnish ... appliances and equipment ... for which claim is made." In...

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