Hollywood Barbecue Co. v. Morse

In this action the plaintiff seeks to recover from the defendants the amount of a judgment rendered against the plaintiff in favor of one Benson and the amount of the counsel fees incurred by the plaintiff in defending the former action.

In the action now before us these facts were admitted or could be found: The plaintiff conducts a restaurant in Bos*369ton. The defendants had entered into an agreement with the plaintiff to purchase and remove the plaintiff’s meat scraps. While the agreement was in force, a servant of the defendants, acting within the scope of his employment, undertook to remove…