Drew Brown Limited v. Joseph Rugo, Inc.

McENTEE, Circuit Judge.

In October 1966, defendant, Joseph Rugo, Inc., a Massachusetts general contractor, entered into an agreement with Husson College, Bangor, Maine, for the construction of six campus buildings. 1 The contract with the college was to be fully performed by April 9, 1968. On November 28, 1966, plaintiff, Drew Brown Limited (Brown), a Canadian corporation, subcontracted with Rugo to furnish and erect all the reinforcing steel required for the project at $240 a ton.* The subcontract provided that Brown was to submit a progress estimate by the sixth day of each month indicating…