(DOWNLOAD) "Peerless Unit Ventilation Co. v. D'Amore" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Peerless Unit Ventilation Co. v. D'Amore
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
LUMMUS, Justice. This is a suit in equity to get the benefit of security for the payment by one Browne, a subcontractor, of $2,240 for labor and materials furnished by the plaintiff in the construction of a schoolhouse for the town of Watertown. The security was obtained under G. L. (Ter. Ed.) c. 149, § 29, and was in the form of a bond, running to the town, with the defendant D'Amore Construction Company, the general contractor, as principal, and the defendant the AEtna Casualty and Surety Company as surety. Furthermore, the defendant D'Amore Construction Company owes Browne $1,050, and holds that sum subject to the direction of the court upon an order given by Browne for the payment of that sum to the plaintiff; and the bill also seeks to obtain that sum. The order was subject to the conditions that payment to the plaintiff was not to be made unless a representative of Browne should be present nor until all disputes should be settled, and consequently, the defendant D'Amore Construction Company; which never formally accepted the order, was justified in withholding payment until the rights of the parties should be settled in this suit. The bill has now been taken for confessed against the defendant Browne, and the defendant D'Amore Construction Company concedes the right of the plaintiff to the amount of the order. The superior court, after the confirmation of a master's report, ordered a final decree establishing the claim of the plaintiff against Browne for $2,240; directing the defendant D'Amore Construction Company to pay thereon the sum of $1,050 with interest from the filing of the bill on January 15, 1931, and the defendant the Aetna Casualty and Surety Company to pay thereon the balance of $1,190 with similar interest (said balance to be paid by said defendant to the town, and by the town to the plaintiff); and awarding costs to the plaintiff against the defendant D'Amore Construction Company. The case was then reported to this court.
 "Peerless Unit Ventilation Co. v. D'Amore" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free){kind=link}