Metropolitan Pipe & Supply Co. v. D'Amore Construction Co.

The trial judge, in the District Court, denied certain requests of the defendants for rulings of law, ruled that the bond on which the action was brought was not a statutory bond under G. L. (Ter. Ed.) c. 149, § 29, and found for the plaintiff. The Appellate Division for the Northern District, however, found that there was prejudicial error, ordered that the finding for the plaintiff be set aside and a finding entered for the “defendant.” The plaintiff appealed.

The judge found that the defendant construction company entered into a written contract with the city of Med-ford, in this…