MANGANARO DRYWALL, INC. v. PENN-SIMON CONSTRUCTION CO.


357 Mass. 653 (1970)

260 N.E.2d 182

MANGANARO DRYWALL, INC. vs. PENN-SIMON CONSTRUCTION COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 12, 1970.


Attorney(s) appearing for the Case

Morris Michelson for the defendants.

Joseph M. Corwin & Sally A. Corwin for the plaintiff.

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


QUIRICO, J.

This is an appeal from an order allowing a motion for judgment on undisputed facts under G.L.c. 231, § 59, as amended through St. 1965, c. 491, § 1.

On April 16, 1968, Manganaro Drywall, Inc. (plaintiff), and Penn-Simon Construction Company (defendant) entered into a written contract under which the plaintiff was to perform certain work and furnish certain materials in connection with several buildings being constructed by the defendant...

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