SEARS, ROEBUCK & CO. v. SOMERVILLE


363 Mass. 756 (1973)

298 N.E.2d 693

SEARS, ROEBUCK AND CO. vs. CITY OF SOMERVILLE.

Supreme Judicial Court of Massachusetts, Middlesex.

June 21, 1973.


Attorney(s) appearing for the Case

David J. Saliba for the plaintiff.

Paul F. Hennessey, Assistant City Solicitor, for the City of Somerville.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & WILKINS, JJ.


HENNESSEY, J.

This is an appeal from an order of a Superior Court judge sustaining the defendant's demurrer to the plaintiff's declaration in an action of contract.

The facts as stated in the declaration are as follows. The plaintiff (Sears) owns a warehouse and 351,020 square feet of land in the city of Somerville. On September 7, 1971, the city issued a bill for property taxes for the year 1971. The property was assessed at $736,500 and the tax due was ...

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