Stanton Industries, Inc. v. Columbus Mills, Inc.

Affidavits in support of and in opposition to the motion to dismiss were received and considered by the judge, who clearly treated the motion as one for summary judgment of dismissal. See Mass.R.Civ.P. 12(b) and 56(b), 365 Mass. 755, 824 (1974). The central issue developed by the opposing affidavits was whether there had been an agreement between the parties that an inventory of the defendant’s carpeting would *794be maintained in New England and available to the plaintiff under the so called Lawrence Plan of warehousing for an initial period of two years, during which the plaintiff would act as…