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ALBRE MARBLE & TILE CO. INC. v. GOVERMAN

353 Mass. 546 (1968)

233 N.E.2d 533

ALBRE MARBLE & TILE COMPANY, INC. vs. EDWARD GOVERMAN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 22, 1968.

Attorney(s) appearing for the Case

Lawrence H. Adler for the plaintiff.

Lewis L. Whitman (Samuel H. Cohen with him) for United States Fidelity and Guaranty Company; Walter J. Gotovich, Town Counsel, for the Town of Norwood, also with him.

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

REARDON, J.

The plaintiff brought its suit under G.L.c. 149, § 29, to collect the balance which it claims is due to it arising from a subcontract on the building of a school in Norwood. Recovery was sought for labor and materials under the provisions of the subcontract and by amendment in quantum meruit also. The suit was brought against Edward Goverman, the general contractor; the United States Fidelity and Guaranty Company, the bonding company; and the town...

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