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P.J. SPILLANE CO., INC. v. NEW BEDFORD

15 Mass. App. Ct. 708 (1983)

448 N.E.2d 78

P.J. SPILLANE CO., INC. vs. CITY OF NEW BEDFORD.

Appeals Court of Massachusetts, Bristol.

April 27, 1983.

Attorney(s) appearing for the Case

Robert L. Surprenant for the defendant.

Joseph T. Travaline for the plaintiff.

Present: GRANT, KAPLAN, & WARNER, JJ.

GRANT, J.

The action is one by which the low general bidder on a contract for public work who refused to sign the contract seeks to recover its bid deposit under the "unforeseen circumstances" proviso of G.L.c. 149, § 44B(2), as amended through St. 1961, c. 604, § 1.1 The city has appealed from an adverse judgment entered against it in the Superior Court following a trial without jury.

The basic facts are not in dispute...

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