WARREN BROTHERS ROADS CO. v. JOSEPH RUGO, INC.


355 Mass. 382 (1969)

245 N.E.2d 243

WARREN BROTHERS ROADS COMPANY vs. JOSEPH RUGO, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 28, 1969.


Attorney(s) appearing for the Case

John A. Gledhill, Jr., for Joseph Rugo, Inc. & others.

Donald A. Macksey (Harry Downs with him) for the plaintiff.

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


WILKINS, C.J.

The Commonwealth made a written contract with the defendant Joseph Rugo, Inc. (Rugo) for the construction of a building at the Lakeville State Hospital. Pursuant to G.L.c. 149, § 29, Rugo, the prime contractor, as principal, furnished a bond for payment of subcontractors and materialmen. The respondent insurance companies (Employers' and Aetna) were sureties. This suit by Warren Brothers Roads Company (Warren) is to obtain the benefit of the bond...

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