Chamberlin of Massachusetts, Inc. v. Zola

The plaintiff commenced this action of contract by trustee writ. The ad damnum in the writ is $5,500.00. No bond was filed by the plaintiff. The writ states it is an action of “Contract—Money due under contract in writing.”

*22The action was entered in .court on October 19, 1964. The next day the defendant, appearing specially, filed a motion to dismiss the action on the ground that notwithstanding the statement in the writ, the declaration is not entirely for money due under a contract in writing but is for breach of contract and therefore a bond was required to be filed under the provisions of…