WHITTEMORE, J.
The defendant's demurrer in this action of contract was rightly sustained. One ground is that "the plaintiff has not stated in his declaration such a cause as entitled him to relief against this defendant." G.L.c. 231, § 18, Second ("insufficient in law to enable the plaintiff to maintain his action"). Whiton v. Batchelder & Lincoln Corp. 179 Mass. 169, 172. Paddock v. Brookline,
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