Dow v. Benjamin Electric Co.

The issue in this case is whether the evidence compelled a verdict in favor of Andrew J. Dow in his cross action against Benjamin Electric Company. We hold that it did not.

In December 1966, Benjamin Electric Supply Co., named as Benjamin Electric Company in Dow’s writ and hereinafter referred to as Benjamin, entered into a written contract to install insulation in a house being built by Dow who acted as general contractor. Benjamin also agreed to supply other items. The contract specified that the insulation in the sidewalls would be covered with polyethylene, a vapor barrier. No such…