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QUINTIN VESPA CO. INC. v. CONSTRUCTION SERVICE CO.

343 Mass. 547 (1962)

179 N.E.2d 895

QUINTIN VESPA CO., INC. vs. CONSTRUCTION SERVICE COMPANY & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 1962.

Attorney(s) appearing for the Case

Edward J. Barshak, (Samuel Winetsky with him,) for Quintin Vespa Co., Inc.

Francis T. Leahy, for Construction Service Company.

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

CUTTER, J.

These are cross-actions (a) by Quintin Vespa Co., Inc. (Vespa) against Construction Service Company (Construction) and Maryland Casualty Company, surety on bonds furnished by Construction in connection with a contract, and (b) by Construction against Vespa. The cases were consolidated and referred to an auditor. After the filing of his report, the parties stipulated "that the auditor's report will be accepted as an agreed statement of facts, subject to...

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