ACMAT CORP. v. DANIEL O'CONNELL'S SONS, INC.;


17 Mass. App. Ct. 44 (1983)

455 N.E.2d 652

ACMAT CORPORATION vs. DANIEL O'CONNELL'S SONS, INC., & another; CITY OF SPRINGFIELD, third-party defendant.

Appeals Court of Massachusetts, Suffolk.

November 1, 1983.


Attorney(s) appearing for the Case

Harry P. Carroll, Deputy City Solicitor, for the city of Springfield.

Robert J. Sherer (Susan J. Baronoff with him) for Acmat Corporation.

Herbert D. Friedman for Daniel O'Connell's Sons, Inc., & another.

Present: PERRETTA, CUTTER, & SMITH, JJ.


PERRETTA, J.

The defendant general contractor, Daniel O'Connell's Sons, Inc. (O'Connell), entered into a contract with the third-party defendant, city of Springfield (city), for the construction of a school. The plaintiff subcontractor, Acmat Corporation (Acmat), was to perform the special interior coating work, which it proposed to do with Spraydon, an acoustical coating material different from that called for in...

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