Antonelli Construction Co. v. Aetna Casualty & Surety Co.

Antonelli, general contractor for certain improvements at Fitchburg State Teachers College, brought this action of contract against Aetna as surety on the performance bond of Acme Electric Contractors Co., Inc., a subcontractor. Under G. L. c. 231, § 4B, inserted by St. 1964, c. 696, Aetna impleaded as third party defendants Acme, Charles Beike, and Sophie Beike, who had executed an agreement to indemnify Aetna on the bond. The case was referred to an auditor, whose findings were not to be final. Thereafter, the case was heard by a judge sitting without jury who found for the plaintiff…