Larkin v. Chandler & Farquhar Co.

This case is before us on a report by the judge of the Superior Court who sustained a demurrer to the second substitute declaration; and upon an agreement of the parties that, if the demurrer was sustained rightly for defects of substance in the declaration, judgment is to- be entered for *536the defendant; if the declaration has defects of form which can be cured by amendment, the case is to be remanded with leave to amend for further proceedings on the merits; and if the demurrer should have been overruled, the case is to be remanded for further proceedings on the merits. Its determination…