Waite Hardware Co. v. Ardini & Pfau, Inc.

One Orlando (the prime contractor) made a contract with the Massachusetts Turnpike Authority (the authority) for bridge and highway construction. Ardini & Pfau, Inc. (the subcontractor), took a subcontract for a part of this work. The plaintiff, who supplied to the subcontractor materials used in the turnpike work, brings this bill in equity against the authority, the prime contractor, the subcontractor, and Hartford Accident and Indemnity Company (Indemnity) to recover the amount due for the materials and to obtain payment of the amount from a "payment bond” 1 executed on March 31, 1955, by…