¶1Orders sustaining demurrers affirmed. The declaration clearly does not state with substantial certainty the substantive facts necessary to constitute a cause of action against either defendant, as required by G. L. (Ter. Ed.) c. 231, § 7, Second. On this ground the demurrers were sustained rightly. See Davis v. H. S. & M. W. Snyder, Inc. 252 Mass. 29, 34-35; Pollock v. New England Telephone & Telegraph Co. 289 Mass. 255, 258. Other grounds of demurrer need not be considered.
304 Mass. 677
Gordon v. Greany
Massachusetts Supreme Judicial Court
Decided October 6, 1939
Massachusetts Supreme Judicial Court · decided 1939-10-06
Relies on Pollock v. New England Telephone & Telegraph Co. · Davis v. H. S. & M. W. Snyder, Inc.
Decided 1939-10-06