Massachusetts Supreme Judicial Court June 22, 1972 (Petruzzi v. PEDUKA CONSTRUCTION, INC.)

Hennessey, J.

This is an action of contract in which the plaintiff seeks to recover an amount equal to one-third of the net profit of the defendant corporation during the latter’s 1968 fiscal year. The plaintiff’s declaration was in two counts, viz., a count in express contract

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and a count declaring upon an account annexed.