Frost Insecticide Co. v. American Cyanamid Chemical Corp.

There are two reports before us. The first alleges that the plaintiff is aggrieved by the sustaining of the defendant’s demurrer to its declaration; the second, that it is aggrieved by the refusal of its motion to amend its declaration after the demurrer was sustained.

We deal with the two questions in the order named.

The plaintiff in its declaration seeks to recover counsel fees incurred in defending an action of tort brought against it by one Catalano in these circumstances. The defendant, a manufacturer, sold the article to Breck & Sons Corporation which sold it to the plaintiff which sold…