Baltimore Contractors, Inc. v. Dupree

The judge, having overruled the defendants’ demurrers to the plaintiff’s (Baltimore) bill in equity to enforce a lien under G-. L. c. 254, § 5, stayed all proceedings and reported for our determination the question of the propriety of his disposition of the demurrers.

In summary Baltimore’s bill alleges that on or about June 28, 1963, it entered into a written contract with the Duprees as individuals for the erection of an apartment building on land owned by the Duprees at 1010 Memorial Drive, Cambridge. The contract provided that work was to be “substantially completed within 460 calendar…