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MEDFORD v. FELLSMERE REALTY CO. INC.

345 Mass. 477 (1963)

187 N.E.2d 849

CITY OF MEDFORD vs. FELLSMERE REALTY CO., INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 13, 1963.

Attorney(s) appearing for the Case

Mark E. Gallagher, Jr., City Solicitor, for the plaintiff.

Samuel H. Cohen (Vincent Galvin with him) for the defendant New Amsterdam Casualty Company.

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

WHITTEMORE, J.

The city of Medford brought this action on a bond given by Fellsmere Realty Co., Inc. (Fellsmere), as principal, and New Amsterdam Casualty Company (New Amsterdam), as surety, conditioned in substance on Fellsmere's complying with the requirements of the planning board of the city imposed in connection with its approval of Fellsmere's plan of a subdivision of land, including an extension of Maurice Street...

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