SPALDING, J.
This is an action of contract which was tried together with a bill in equity. The law case was referred to an auditor (findings not to be final) who also sat as master in the equity case.
The declaration in the law case contains two counts. Count 1 alleges that the defendant B.J. Pentabone, Inc. (contractor), as principal, and the defendant, New Amsterdam Casualty Company (surety), delivered a performance bond to the town of Hingham, as security...
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