P. J. Riley & Co. v. Aberthaw Construction Co.

The plaintiff brought this suit under G. L. c. 149, § 29, to collect a balance alleged to be due under a subcontract with the defendant Aberthaw Construction Co. (Aberthaw), the general contractor for the construction of a power plant for the Commonwealth of Massachusetts. The subcontract called in part for the plain*276tiff to supply two 40,100-gallon oil storage tanks with “a primer coat and a finish coat of Bitumastic 70-B____” A master found that when the tanks were delivered on January 13, 1965, abrasions to the bitumastic coating on one of the tanks, apparently caused in delivery, were…