Albre Marble & Tile Co. v. John Bowen Co.

338 Mass. 394, 155 N.E.2d 437 (1959)

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Albre Marble & Tile Co. v. John Bowen Co.

Massachusetts Supreme Judicial Court
338 Mass. 394, 155 N.E.2d 437 (1959)

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Facts

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

Issue

Holding and Reasoning (Spalding, J.)

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