Martin Fireproofing Corp. v. Aetna Insurance

The plaintiff’s declaration in substance alleged the following: On September 13, 1961, the plaintiff entered into a contract in writing with Frank W. Tomasello Co., Inc. (hereinafter called Tomasello), which was the general contractor for the construction of a district court building in Stoughton. In connection with this contract Toma-sello executed a “labor and material payment bond” as principal with the defendant as surety in the penal sum of $368,270 for the benefit of the plaintiff, among others, to secure payment for all labor and materials used on the project. The obligation of the…