Barboza v. Aetna Casualty & Surety Co.

In order to prevail, the plaintiffs, doing business as Barboza Brothers (Barboza), suppliers of gravel, must establish that their agreement with the general contractor embraced deliveries made — but not paid for — under a contract earlier made with a subcontractor and that the earlier agreement with the subcontractor had ceased to have legal significance for purposes of securing benefits of a payment bond obtained in accordance with G. L. c. 149, § 29.

The governing facts, developed by pleadings, affidavits, and a deposition filed in connection with a motion for summary judgment, follow. The…