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

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

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Nature of the Case

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Facts

Albre (P) was a sub for Bowen (D). D was the general contractor of the Chronic Disease Hospital and Nurses' Home in Boston. The general contract with the Commonwealth was declared invalid by Court decree. P sought reimbursement for the fair value of his work and labor furnished to D prior to the termination of the contract. D’s answer stated that performance of the subcontracts became impossible when D’s general contract was declared invalid. D’s answer for the quantum meruit claims by P was that no payment could be demanded because P did not possess an architect’s certificate for the work. D filed for summary judgment. The trial court held that D was not liable for a breach of contract. P appealed.