United Shoe Machinery Corp. v. Gale Shoe Manufacturing Co.

This action of contract brought in the Superior Court to recover the sum of fifty-five cents and interest thereon was heard upon a demurrer to the declaration. The demurrer stated five grounds of demurrer including the ground that the declaration “fails to state substantive facts *143necessary to constitute the cause of action alleged.” The demurrer was sustained and the plaintiff appealed. G. L. (Ter. Ed.) c. 231, § 96.

The amount in controversy would not warrant consideration of the plaintiff’s appeal if no substantial right was at stake. Feeney v. Eastern Racing Association, Inc. 303 Mass. 602,…