Marinucci Bros. & Co. v. Commonwealth

A contractor seeks to recover from the Commonwealth under G. L. c. 258 an excessive restitution by it (on June 27, 1962) of amounts overpaid to it by the Commonwealth in connection with a contract. See Commonwealth v. Marinucci Bros. & Co. Inc. 354 Mass. 743, where (a) no relief was granted because that proceeding was not under c. 258, but (b) there was strong intimation that the Commonwealth should refund the contractor’s admitted restitution overpayment of $19,298.30 “as a matter of equity and to avoid unjust enrichment of the Commonwealth.” The sole exception set out in the bill of…