Roberto Construction Co. v. Burnham-Manning Post 1105 Veterans of Foreign Wars of the United States, Inc.

The plaintiff contractor entered into a written construction contract dated April 25,1961, with the defendant Post. In this action of contract the declaration alleges that the defendant was required by the agreement to maintain extended coverage insurance for the plaintiff on the structure which the plaintiff agreed to erect; that the Post provided a policy; that a loss occurred; and that the Post received from the insurance company a sum of money which it failed to pay to the plaintiff. The issues before us are the validity of an order of a judge of the Superior Court appointing an…