ALCORN, J.
The plaintiff brought this action under § 49-42 of the General Statutes, seeking reimbursement for labor and materials claimed to have been furnished to Catello DiLauro, a subcontractor of L. G. DeFelice and Son, Inc., which had contracted with the state to construct a section of highway. General Statutes § 49-41 requires such a contractor to furnish to the state "a bond in the amount of the contract ... for the protection of persons
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