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Contracts Keyed to Dawson
Albre Marble and Tile Co., Inc. v. John Bowen Co.
Citation:338 Mass. 394.
Defendant was a general contractor hired to build the Chronic Disease Hospital and Nurses’ Home in Boston, Massachusetts. Defendant subcontracted with the plaintiff to produce and install tile and marble. Pursuant to the subcontract, the plaintiff submitted samples, shop drawings, tests and affidavits to defendant for the proposed work. However, the general contract was declared invalid by the court in Gifford v. Commissioner of Public Health rendering the subcontract impossible.
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