MARINUCCI BROS. & CO. INC. v. COMMONWEALTH


354 Mass. 141 (1968)

235 N.E.2d 783

MARINUCCI BROS. & CO., INC. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 1968.


Attorney(s) appearing for the Case

John E. Sheehy, Assistant Attorney General (Peter R. Leone, Deputy Assistant Attorney General, with him), for the Commonwealth.

Arthur Brogna for the petitioner.

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


SPALDING, J.

In this petition pursuant to G.L.c. 258, Marinucci Bros. & Co., Inc. (contractor) seeks damages resulting from an alleged breach of a contract entered into between it and the Commonwealth acting through the Department of Public Works (D.P.W.). The case was tried on an auditor's report (findings not final) and other evidence. The auditor found for the contractor in the amount of $143,651.77. Adopting the findings of the auditor, the judge made additional...

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