Philip Carey Manufacturing Co. v. Peerless Casualty Co.

This is an action of contract to recover for labor and materials. The auditor, to whom the case was referred, found these facts. On June 1, 1950, the defendant Frankini Construction Co. Inc., hereinafter called Frankini, entered into a contract with the Waltham Housing Authority for the construction of a State aided housing project in Waltham. Pursuant to the terms of the contract Frankini, as principal, and the defendant Peerless Casualty Company, as surety, executed and delivered to the Waltham Housing Authority a “performance and payment bond.” Subsequently the plaintiff entered into a…