Legal Opinion

BAYER & MINGOLLA CONSTRUCTION CO. INC. v. Deschenes

Massachusetts Supreme Judicial Court

Decided March 2, 1965PublishedCited by 21 opinions

1Opinion of the CourtCutter, J.

The plaintiff (Bayer) was the general contractor on a State highway contract (the prime contract), awarded on a unit price basis. The defendant Desehenes made a subcontract with Bayer to do certain excavation work “in strict compliance with . . . the [pjrime [c]on-tract” which was incorporated by reference in the subcontract. The subcontract unit prices were lower than the prime contract unit prices. Under the subcontract all work was to start not later than November 24, 1958. Desehenes started work on December 1. The work was to be completed on or before March 1,1959, a period of three…

2Cases cited40 opinions

  1. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  2. National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
  3. Agoos Leather Companies, Inc. v. American & Foreign InsuranceMassachusetts Supreme Judicial Court · 1961
  4. United States v. McMullenSupreme Court of the United States · 1912
  5. Segal v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1958

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3Cited by21 opinions

  1. Johnson Controls, Inc. v. BowesMassachusetts Supreme Judicial Court · 1980
  2. Seaboard Surety Co. v. Town of Greenfield Ex Rel. Greenfield Middle School Building CommitteeCourt of Appeals for the First Circuit · 2004
  3. Chas. T. Main, Inc. v. Fireman's Fund InsuranceMassachusetts Supreme Judicial Court · 1990
  4. Cooperative Fire Insurance v. White Caps, Inc.Supreme Court of Vermont · 1997
  5. Boyle v. Zurich American Insurance Co.Massachusetts Supreme Judicial Court · 2015

16 more not listed; retrieve them via the Exa API.

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