BARBOZA v. AETNA CASUALTY & SURETY CO.


18 Mass. App. Ct. 323 (1984)

465 N.E.2d 290

JOSEPH BARBOZA & others vs. AETNA CASUALTY AND SURETY COMPANY.

Appeals Court of Massachusetts, Plymouth.

June 29, 1984.


Attorney(s) appearing for the Case

Dennis J. Conry for the plaintiffs.

Joel M. Sowalsky for the defendant.

Present: BROWN, KASS, & WARNER, JJ.


KASS, J.

In order to prevail, the plaintiffs, doing business as Barboza Brothers (Barboza), suppliers of gravel, must establish that their agreement with the general contractor embraced deliveries made — but not paid for — under a contract earlier made with a subcontractor and that the earlier agreement with the subcontractor had ceased to have legal significance for purposes of securing benefits of a payment bond obtained in accordance with G.L.c. 149...

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