Hobart-Farrell Plumbing & Heating Co. v. Klayman

This is a petition in equity to obtain the benefit of a surety company bond given as security under G. L. (Ter. Ed.) c. 149, § 29 (St. 1935, c. 472, § 2), to the respondent town by a contractor for the repair of a schoolhouse. The contractor owes the petitioner for labor furnished and materials used in installing a heating system in the schoolhouse. The statute cited provides that "to obtain the benefit of such security the claimant shall file in the office of the . . . town clerk a sworn statement of his claim” within a certain time. The only question is, whether such a statement was filed.

Th…