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353 Mass. 749

Powers Regulator Co. v. Tocci

Massachusetts Supreme Judicial Court

Decided November 3, 1967

Massachusetts Supreme Judicial Court · decided 1967-11-03

Relies on Respro, Inc. v. Worcester Backing Co. · Powers Regulator Co. v. Joseph Rugo, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1967-11-03

How this case has been cited

Cited by 3 later decisions — most recently April 2009

3 state decisions

1019671970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The final decree from which the general contractor, Tocci, appeals in this suit brought under G. L. c. 149, § 29, by the plaintiff subcontractor (Powers) established the indebtedness of another defendant subcontractor (KimbaÚ) to Powers, ordered Kimball to pay the indebtedness, and provided that if Kimball should fail to pay, Tocci should pay, and if Tocci should fail to pay, then the surety should pay the established indebtedness to Powers. *750In form and content the decree followed the suggestion in Powers Regulator Co. v. Joseph Rugo, Inc. 348 Mass. 233, 234. The decree was based upon a confirmed master’s report. There was no motion to recommit and no request for a summary of the evidence on which the master’s findings were based. The motion to strike the report was inappropriate. Respro, Inc. v. Worcester Backing Co. 291 Mass. 467, 472. The master’s findings are not mutually inconsistent or plainly wrong and they support the decree.

Barry W. Plunkett for the defendant Loreto F. Tocci.Thomas L. Mackin for the plaintiff.

¶2Decree affirmed with costs of appeal.

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