Legal Opinion

Town of Hingham v. B. J. Pentabone, Inc.

Massachusetts Supreme Judicial Court

Decided June 24, 1968PublishedCited by 4 opinions

1Opinion of the CourtSpalding, J.

This is an action of contract which was tried together with a bill in equity. The law case was referred to an auditor (findings not to be final) who also sat as master in the equity case.

The declaration in the law case contains two counts. Count 1 alleges that the defendant B. J. Pentabone, Inc. (contractor), as principal, and the defendant, New Amsterdam Casualty Company (surety), delivered a performance bond to the town of Hingham, as security for the performance by the contractor of the terms and conditions of a decision of the town board of appeals rendered on August 8, 1958, and amended…

2Cases cited5 opinions

  1. Lolos v. BerlinMassachusetts Supreme Judicial Court · 1958
  2. BAYER & MINGOLLA CONSTRUCTION CO. INC. v. DeschenesMassachusetts Supreme Judicial Court · 1965
  3. Town of Stoneham v. SaveloMassachusetts Supreme Judicial Court · 1960
  4. Maryland Casualty Co. v. MooreCourt of Appeals for the First Circuit · 1936
  5. New Amsterdam Casualty Co. v. W. T. Taylor Const. Co.Court of Appeals for the Fifth Circuit · 1926

3Cited by4 opinions

  1. M. DeMatteo Construction Co. v. Board of AppealsMassachusetts Appeals Court · 1975
  2. John T. Callahan & Sons, Inc. v. Dykeman Electric Co.District Court, D. Massachusetts · 2003
  3. Mitacon Anstalt and Societe Choron Internationale v. F.I.A. Insurance Company, Northeastern Fire Insurance Company of Pennsylvania, and Union Indemnity Insurance Company of New York. Northeastern Fire Insurance Company of Pennsylvania, Defendant-Third Party v. Bonanza Refining International Company, Third Party and F.I.A. Insurance Company, Defendant-Third Party v. Bonanza Refining International Company and Community Funeral Home Inc., Third Party Appeal of First Indemnity of America Insurance CompanyCourt of Appeals for the First Circuit · 1984
  4. Mitacon Anstalt v. F.I.A. InsuranceCourt of Appeals for the Third Circuit · 1984

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