MANGANARO DRYWALL, INC. v. WHITE CONSTR. CO., INC.


372 Mass. 661 (1977)

363 N.E.2d 669

MANGANARO DRYWALL, INC. vs. WHITE CONSTRUCTION CO., INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 2, 1977.


Attorney(s) appearing for the Case

Charles E. Blumsack (John M. DeStefano, Jr., with him) for the defendants.

Sally A. Corwin (Jonathan P. Sauer with her) for the plaintiff.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.


WILKINS, J.

The defendants appeal from a judgment against them as principal and surety respectively in a proceeding brought by the plaintiff subcontractor under G.L.c. 149, § 29, to collect the balance due it on a public works project. This appeal concerns only the question whether the judge's allowance of the claimant's legal fees was proper. The defendants argue that that portion of G.L.c. 149, § 29, set forth in the margin,2

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