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PUBLIC WORKS SUPPLY COMPANY, INC. v. C & O ENTERPRISES, INC.

2004 Mass. App. Div. 170 (2004)

Public Works Supply Company, Inc. v. C & O Enterprises, Inc., and others

Massachusetts Appellate Division, Northern District.

October 21, 2004.

Attorney(s) appearing for the Case

Kathleen M. O'Hagan for the plaintiff.

Matthew A. Foytlin for defendant Atlantic Mutual Insurance Company.

Present: Merrick, P.J., Coven & Curtin, JJ.

Merrick, P.J.

The plaintiff, Public Works Supply Co., Inc. ("PWS"), commenced this action on August 1, 2003 to recover $23,615.23 it alleged was owed for the materials it supplied to defendant C & O Enterprises, Inc., the contractor on a public works project. Counts I, II and III of the complaint sought that amount on claims against, respectively, the contractor for goods sold and delivered; defendant George Clements on his guaranty of the contractor's payment...

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