CARPENTER v. MASSACHUSETTS BONDING & INSURANCE CO.


206 A.2d 225 (1965)

Frank S. CARPENTER, Treasurer of the State of Maine v. MASSACHUSETTS BONDING & INSURANCE CO. et al.

Supreme Judicial Court of Maine.

January 7, 1965.


Attorney(s) appearing for the Case

Linnell, Perkins, Thompson, Hinckley & Thaxter, by Franklin G. Hinckley and Charles P. Barnes, II, Portland, for plaintiff.

Verrill, Dana, Walker, Philbrick & Whitehouse, by Roger A. Putnam and Loyall F. Sewall, Portland, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, SIDDALL and MARDEN, JJ.


MARDEN, Justice.

On appeal from a denial by the Superior Court, upon motion, to reject a referee's report awarding plaintiff damages.

A contract for the construction of the so-called State Office Building was executed by the State and one Rugo as prime contractor. A sub-contract for certain of the interior work was executed between Rugo and Sherman Plastering Corp. (Sherman). By the terms of the prime contract Rugo furnished a performance bond with the three...

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