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M.S. KELLIHER CO. v. WAKEFIELD

346 Mass. 645 (1964)

195 N.E.2d 330

M.S. KELLIHER COMPANY vs. TOWN OF WAKEFIELD.

Supreme Judicial Court of Massachusetts, Suffolk.

January 8, 1964.

Attorney(s) appearing for the Case

Mario Misci for the defendant.

Francis W. Marks for the plaintiff.

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

SPALDING, J.

The plaintiff and the defendant entered into a written contract dated August 19, 1959, for the construction of a school in the town of Wakefield. "The masonry section of the contract provided for the furnishing and installation of glazed structural ceramic tile. The contract called for colored tile, and provided that the colors should be as selected by the architect. On October 21, 1959, the architect submitted to the plaintiff a color schedule calling...

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