Powers Regulator Co. v. Tocci

The final decree from which the general contractor, Tocci, appeals in this suit brought under G. L. c. 149, § 29, by the plaintiff subcontractor (Powers) established the indebtedness of another defendant subcontractor (KimbaÚ) to Powers, ordered Kimball to pay the indebtedness, and provided that if Kimball should fail to pay, Tocci should pay, and if Tocci should fail to pay, then the surety should pay the established indebtedness to Powers. *750In form and content the decree followed the suggestion in Powers Regulator Co. v. Joseph Rugo, Inc. 348 Mass. 233, 234. The decree was based upon a…