American Air Filter Company, Inc. vs. Innamorati Brothers, Inc. & another, 358 Mass. 146

07/06/1970 Posted By: Corwin & Corwin LLP

Court: SUPREME JUDICIAL COURT OF MASSACHUSETTS
Citation: 358 Mass. 146
Parties: AMERICAN AIR FILTER COMPANY, INC. vs. INNAMORATI BROTHERS, INC. & another.
County: Suffolk
Hearing Date: March 4, 1970
Decision Date: July 6, 1970
Judges: WILKINS, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.

An unpaid seller of materials to a subcontractor on a public construction project was entitled to the benefit of the statutory payment security bond furnished by the general contractor under G. L. c. 149, Section 29, and to payment of its claim in a suit in equity by it thereunder, where it appeared that the plaintiff had delivered all the required materials to the job site, was not required to perform any labor with respect thereto, and seasonably filed its sworn statement of claim, notwithstanding the facts that after the plaintiff had completed delivery of the materials the subcontractor was adjudicated a bankrupt and its subcontract was terminated and that its trustee in bankruptcy removed the materials from the job site and sold part thereof to a succeeding subcontractor and part to one who resold to the succeeding subcontractor, who installed the materials in the building constructed and was paid therefor by the general contractor.

BILL IN EQUITY filed in the Superior Court on July 22, 1964.

The suit was heard by Kalus, J., on a master's report.

Jacob J. Locke for the plaintiff.