Massachusetts Supreme Judicial Court February 5, 1958 (Peerless Casualty Co. v. MARINUCCI BROS. & CO. INC.)

Counihan, J.

This is an action of contract brought in the Municipal Court of the City of Boston in which the plaintiff seeks to recover in count 1 of its declaration upon an account annexed and in count 2 under a contract of indemnity, for counsel fees and expenses it had incurred as surety for a builder upon certain bonds.