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WES-JULIAN CONSTRUCTION CORP. v. COMMONWEALTH

351 Mass. 588 (1967)

223 N.E.2d 72

WES-JULIAN CONSTRUCTION CORPORATION vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 10, 1967.

Attorney(s) appearing for the Case

Burton Peltz, Assistant Attorney General, for the Commonwealth.

Frederick R. Walsh for the plaintiff.

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

SPIEGEL, J.

This is a petition brought under G.L.c. 258 against the Commonwealth in which the petitioner seeks damages allegedly sustained for breach of a written contract for the construction of a section of the Southeast Expressway. The claims of the petitioner are for extra work, increased costs, and expense, totaling $276,745.66. The case was referred to an auditor whose findings of fact were not to be final. He found for the petitioner with respect to

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