W.C. Smith & Son, Inc. v. Brooks/Maxi Drug, Inc.

MacDonald, D. Lloyd, J.

Before the Court is the defendants’ motion for summary judgment. It is ALLOWED for the reasons that follow.

Pertinent Facts

The case arises from the construction of a Brooks brand pharmacy in New Bedford. The defendant Brooks/Maxi Drug, Inc. (“Brooks”) entered into a contract (“the general contract”) with C.P.C. ‘76, Inc. (“C.P.C.”) to build the store. Brooks leased the premises from the defendant P.J.C. Realty Co., Inc. (“P.J.C. Realty") but executed the general contract as the “owner.” P.J.C. Realty was not a signatory to the contract. The building was constructed…