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INT'L HEATING & AIR CONDITIONING CORP. v. RICH CONSTR.

372 Mass. 134 (1977)

360 N.E.2d 636

INTERNATIONAL HEATING & AIR CONDITIONING CORPORATION & another vs. RICH CONSTRUCTION CO., INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 9, 1977.

Attorney(s) appearing for the Case

William Lender for Rich Construction Co., Inc. & another.

Jerome A. McCusker, for Lennox Industries, Inc., submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

A supplier furnished materials to a subcontractor on a construction project for the city of Boston, and now claims payment under a statutory surety bond securing "payment ... for... materials used or employed therein...." G.L.c. 149, § 29, as amended through St. 1964, c. 609, §§ 4, 5. Most of the materials were furnished before February 3, 1972. Four rubber vibration eliminators were shipped on February 20, 1973, but were never installed...

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