International Telephone & Telegraph Corp. v. Hartford Accident & Indemnity Co.

The plaintiff (I T & T), a Maryland corporation, by corporate merger succeeded to the assets, claims and choses in action of Nesbitt, Inc. (Nesbitt), a Delaware corporation, engaged in the business of supplying ventilating, heating and plumbing materials. Under G, L. c. 149, § 29, I T & T seeks to enforce Nesbitt’s right to payment for materials furnished by Nesbitt for use in the construction of an addition to a public school in the town of Holliston (the town).

The general contractor for the construction of the school addition was Donatelli Building Company, Inc. (Donatelli), a Rhode Island…