Johnson-Foster Co. v. D'Amore Construction Co.

This suit was heard upon a “Statement of Agreed Facts.”

*418Under date of March 18, 1940, D’Amore Construction Co., hereinafter called the contractor, entered into a general contract with New Bedford Housing Authority, hereinafter called the housing authority, for the construction of a low cost housing project aided by a loan from the United States Housing Authority. On May 20, 1940, the contractor as principal, and the Aetna Casualty and Surety Company as surety, gave to the housing authority “as obligee” a “Performance and Payment Bond,” in the sum of $693,830 and in “the standard form required…