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METHUEN CONSTRUCTION CO. v. J & A BUILDERS

4 Mass. App. Ct. 397 (1976)

349 N.E.2d 357

METHUEN CONSTRUCTION COMPANY, INC. vs. J & A BUILDERS, INC.

Appeals Court of Massachusetts, Essex.

June 24, 1976.

Attorney(s) appearing for the Case

Salvatore J. Basile for the defendant.

Victor L. Hatem for the plaintiff.

Present: HALE, C.J., GOODMAN, & GRANT, JJ.

GOODMAN, J.

This is an action brought on an indemnity clause. In June, 1969, the plaintiff was engaged in road repair work for the town of Andover, and the defendant was simultaneously developing real estate nearby. When the road repairs were nearly completed the defendant, which had obtained the town's permission to install a sewer line, sought the plaintiff's permission to interrupt the repairs, excavate a trench in the roadbed, and lay the sewer line. The parties...

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