Stebbins v. Conners Bros. Construction Co.

202 Mass. 153 | Mass. | 1909

Hammond, J.

Upon the evidence we think that the questions whether there ever was an agreement that the giving of a bond should be a condition precedent to the validity or binding force of the contract, and whether, if there ever was such an agreement, there was a waiver of the condition, were for the jury, and that the case should have been submitted to them.

Exceptions sustained.

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