Trustees of Tufts College v. Volpe Construction Co.

The plaintiff, an educational institution known as “Tufts University” (University) brought this bill for declaratory relief in regard to a contract entered into with the defendant. The defendant’s demurrer to the bill was sustained. The University appeals from an interlocutory decree sustaining the demurrer without leave to amend and from a final decree dismissing the bill.

We summarize the allegations of the bill. On or about August 7, 1968, the University entered into a contract with the defendant for the construction of a residence hall at Jackson College, which is part of the University.…