Peerless Casualty Co. v. MARINUCCI BROS. & CO. INC.

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.

There was evidence that on May 11, 1949, Matthew Cummings & Son, hereinafter called Cummings, executed a contract with the Chinese Merchants Association, Inc., hereinafter called the Association, to erect a building for the Association in Boston for the sum of $742,600. In connection…