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DRINKWATER v. D. GUSCHOV CO. INC.

347 Mass. 136 (1964)

196 N.E.2d 863

PHILIP DRINKWATER vs. D. GUSCHOV COMPANY, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 4, 1964.

Attorney(s) appearing for the Case

James W. Kelleher (Saul E. Lipnick with him) for the defendants.

Myer Z. Kolodny (Nyman H. Kolodny with him) for the plaintiff.

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

SPALDING, J.

On March 15, 1961, the city of Woburn (city) entered into a contract with D. Guschov Company, Inc. (Guschov), for the construction of a school. The plaintiff, a subcontractor, contracted to do the excavating and grading. New Amsterdam Casualty Company (Amsterdam) furnished the bond required under G.L.c. 149, § 29, securing payments by Guschov for labor and materials. The plaintiff by this bill seeks to establish a lien under § 29 for sums alleged...

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