Darling-Singer Lumber Co. v. Commonwealth

This is a petition under G. L. (Ter. Ed.) c. 30, § 39, and c. 258, to enforce a lien for the collection of the price of lumber furnished to Attillio D. Daddario, hereafter called the defendant, who used it pursuant to two contracts with the Commonwealth for the construction of sections of the Metropolitan sewer. Although not strictly a proceeding in equity, the practice in general follows that prevailing in equity. The trial judge, without request so far as appears, filed a report of his findings of fact. This is part of the record and may be made the basis of decision. Cohen v. Nagle, 190…