Opinion

Hampden Cornice Works, Inc. v. Leo Spear Construction Co.

  • 348 Mass. 798
  • 206 N.E.2d 83
  • 1965 Mass. LEXIS 927
Court
Massachusetts Supreme Judicial Court
Filed
Apr 2, 1965
Status
Published
Cited by
1 cases
Authority
More cited than 52.2%

The opinion

Decree affirmed. This is a petition under G. L. e. 149, § 29, brought by Hampden Cornice Works, Inc. (Hampden) against the Leo Spear Construction Co. Inc. (Spear) and the Aetna Casualty and Surety Company (Aetna) to enforce a claim in connection with a subcontract to perform certain roofing and flashing work on housing construction in Ludlow for the Ludlow Housing Authority. Spear furnished security for payment by it as principal for labor and materials employed in the construction by a payment bond "with Aetna as surety. A dispute arose between Hampden and Spear relative to the furnishing of flashing at the first and second floor levels. The matter was referred to an architect under an arbitration clause in the contract. He found that certain installations should be made by Hampden. This decision was appealed to the chairman of the State Housing Board who upheld the architect. A further appeal was taken by means of this petition. The dispute was whether open balcony floors or porch floors could be regarded *799 as roofs and includable in the obligation of Hampden under its subcontract. The judge found no support in fact or law for the contention that the decision made by the chairman of the State Housing Board was not final and conclusive. G. L. c. 30, § 39J. There is no error in the findings and rulings of the trial judge who quoted apt words from Foster v. Commonwealth, 318 Mass. 190, 209 , in rendering his decision which is reflected in the final decree.

Joseph M. Corwin for the petitioner.

No argument or brief for the respondents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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