(DOWNLOAD) "Rigs v. Sokol Et Ux." by Supreme Court of Minnesota # Book PDF Kindle ePub Free

July 28, 2021

eBook details

Title: Rigs v. Sokol Et Ux.
Author : Supreme Court of Minnesota
Release Date : January 04, 1945
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

SPALDING, Justice. This is a bill in equity to compel specific performance of an agreement to sell a business and to lease certain premises to be used in connection with it. The defendants in their answer included several matters by way of demurrer. The decision on this was reserved until after the case was heard on the merits -- a practice that we recently said is permissible and sometimes wise for a Judge to adopt. Olszewski v. Sardynski, 316 Mass. 715, 717, 56 N.E.2d 607. The case was referred to a master whose report (to which there are no exceptions) was confirmed by an interlocutory decree. The demurrer was then overruled by an interlocutory decree. A final decree was entered granting certain relief to the plaintiff, which will appear hereafter, from which the defendants appealed. Although no appeal from the interlocutory decree overruling the demurrer was taken, its correctness is open for consideration upon the appeal from the final decree. G.L.(Ter.Ed.) c. 214, 27. Gibbons v. Gibbons, 296 Mass. 89, 4 N.E.2d 1019. The issues raised by the demurrer will appear when we come to discuss the merits of the case.

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