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WORTHINGTON, ETC. v. LINCOLN & LANE CO.

No. 580-Appeal.

255 A.2d 723 (1969)

WORTHINGTON AIR CONDITIONING CO. v. LINCOLN & LANE CO. et al.

Supreme Court of Rhode Island.

July 17, 1969.

Attorney(s) appearing for the Case

Winograd, Winograd, & Marcus, Allan M. Shine, for plaintiff.

Hinckley, Allen, Salisbury & Parsons, William P. Thornton, Jr., for defendants.

OPINION

POWERS, Justice.

This is an appeal from a final judgment entered in the superior court pursuant to the decision of a justice of said court denying and dismissing the plaintiff's motion for summary judgment and granting that of the defendant. The facts out of which the litigation arose are not in dispute and may be readily stated.

On October 8, 1965, defendant Lincoln & Lane Co. entered into a contract with the city of Cranston for certain...

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