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FENESTRA INC. v. MARED BUILDING PRODUCTS, INC.

349 Mass. 734 (1965)

212 N.E.2d 474

FENESTRA INCORPORATED vs. MARED BUILDING PRODUCTS, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

December 7, 1965.

Attorney(s) appearing for the Case

Robert J. Sherer for the plaintiff.

No argument or brief for the defendant.

Present: SPALDING, WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

A demurrer to this bill for declaratory relief was sustained by an interlocutory decree, and a final decree, from which the plaintiff appealed, was entered dismissing the bill. We hold that the demurrer should have been overruled.

The bill alleges as follows: there was a written contract between the plaintiff and the defendant with a thirty day cancellation clause and requirements that the defendant...

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