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MARTIN FIREPROOFING CORP. v. AETNA INS. CO.

346 Mass. 498 (1963)

194 N.E.2d 101

MARTIN FIREPROOFING CORPORATION vs. AETNA INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Norfolk.

December 2, 1963.

Attorney(s) appearing for the Case

Charles E. Gennert for the plaintiff.

John E. Lecomte for the defendant.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.

SPALDING, J.

The plaintiff's declaration in substance alleged the following: On September 13, 1961, the plaintiff entered into a contract in writing with Frank W. Tomasello Co., Inc. (hereinafter called Tomasello), which was the general contractor for the construction of a district court building in Stoughton. In connection with this contract Tomasello executed a "labor and material payment bond" as principal with the defendant as surety in the penal sum of $368,270...

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