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Albre Marble & Tile Co. v. John Bowen Co.
Supreme Judicial Court of Massachusetts
155 N.E.2d 437 (1959)
Albre Marble & Tile Co. (Albre) (plaintiff) was a subcontractor for John Bowen Co. (Bowen) (defendant) on a public building construction project. A clause in the Albre’s subcontract required Albreto “furnish and submit all necessary or required samples, shop drawings, tests, affidavits, etc., for approval, all as ordered or specified.” Bowen’s building contract was subsequently declared invalid for certain bidding procedures. Albre did not actually perform any work on the building itself but sued Bowen in quantum meruit for the value of the work in preparation for performance.
Rule of Law
Holding and Reasoning (Spalding, J.)
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