Rigs v. Sokol

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. 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…