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ROBERTO CONST. CO v. BURNHAM-MANNING POST # 1105, ETC.

347 Mass. 400 (1964)

198 N.E.2d 302

ROBERTO CONSTRUCTION CO., INC. vs. BURNHAM-MANNING POST # 1105 VETERANS OF FOREIGN WARS OF THE UNITED STATES, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

April 30, 1964.

Attorney(s) appearing for the Case

Warren G. Miller for the defendant.

Joseph S. Vahey (Dorothy A. Vahey with him) for the plaintiff.

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

WILKINS, C.J.

The plaintiff contractor entered into a written construction contract dated April 25, 1961, with the defendant Post. In this action of contract the declaration alleges that the defendant was required by the agreement to maintain extended coverage insurance for the plaintiff on the structure which the plaintiff agreed to erect; that the Post provided a policy; that a loss occurred; and that the Post received from the insurance company a sum of money which...

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