EDGAR H. WOOD ASSOCIATES, INC. v. SKENE


347 Mass. 351 (1964)

197 N.E.2d 886

EDGAR H. WOOD ASSOCIATES, INC. vs. ALEX J. SKENE & others.

Supreme Judicial Court of Massachusetts, Norfolk.

April 17, 1964.


Attorney(s) appearing for the Case

L. Johnson Callas (Martin D. Woolf with him) for the plaintiff.

Herbert P. Wilkins for Frank Portugal & others.

Robert D. Kilmarx for Alonzo B. Reed, Inc. & another.

David C. Ahearn for Alex J. Skene & another.

Present: CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


REARDON, J.

The plaintiff (Wood) appeals from a final decree dismissing its original bill as to all the defendants, demurrers to it having previously been sustained. A motion for leave to file a substitute bill of complaint was denied by the trial judge as a matter of law because the substitute bill "does not state a cause of action in [e]quity." The denial of the motion was in substance an interlocutory decree (Bressler v. Averbuck, 322 Mass. 139, 143...

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