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NEW ENG. CULVERT CO. v. WILLIAMS CONSTR. CO.

No. 5171.

105 N.H. 235 (1963)

NEW ENGLAND METAL CULVERT CO. v. WILLIAMS CONSTRUCTION CO. AND GLOBE INDEMNITY CO.

Supreme Court of New Hampshire.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Upton, Sanders & Upton (Mr. John H. Sanders orally), for the plaintiff.

Devine, Millimet, McDonough, Stahl & Branch and Jarlath M. Slattery and E. Donald Dufresne (Mr. Slattery orally), for the defendant surety.

DUNCAN, J.

The plaintiff seeks to obtain the benefit of a payment and performance bond, upon which the defendant Globe Indemnity Company is surety, with respect to a claim for $5,800, for a 160-foot structural plate culvert used by the defendant contractor in the construction of a highway between Hudson and Windham. The contractor ordered the culvert and certain asphalt-coated corrugated metal pipe by a single order dated January 14, 1961. The culvert was delivered...

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