Title Guaranty & Surety Co. v. Fred T. Ley & Co.

This is an action of contract to recover premiums, alleged to be due the plaintiff for acting as surety on bonds, given by the defendant to different obligees, for the faithful performance of construction contracts entered into by the defendant with such obligees. The action was heard by a judge without a jury. The declaration contains eleven counts, the last being upon an account annexed which includes the amounts of premiums alleged to be due under counts one to ten inclusive. The record recites that counts three, five and eight were waived.

The contracts described in each count are referred…