Mazzola v. Kurkjian

This action was commenced in a District Court by trustee process, with an ad damnum of $12,000. The writ stated that the action was for “money due under a written contract,” and the declaration purported to be for money due under a written contract to erect a dwelling, with agreed extras and modifications. A substitute declaration contained expanded allegations as to modifications and a second count for the same amount on an account annexed for “labor and materials ... in the erection of dwelling house.” The plaintiff filed no bond. See G. L. c. 246, § 1, as amended through St. 1961, c. 158.…