Manganaro Drywall, Inc. v. Penn-Simon Construction Co.

This is an appeal from an order allowing a motion for judgment on undisputed facts under G. L. c. 231, § 59, as amended through St. 1965, c. 491, § 1.

On April 16, 1968, Manganaro Drywall, Inc. (plaintiff), and Penn-Simon Construction Company (defendant) entered into a written contract under which the plaintiff was to^'perform certain work and furnish certain materials in connection with several buildings being constructed by the defendant. Transamerica Insurance Company (surety) was the surety on a performance and payment bond given by the defendant as security for the defendant’s performance…