Radford v. Lovett

The plaintiff appeals from a final decree on a bill for declaratory relief (G. L. c. 231A) brought to establish his right in stock of Atlantic Stores, Inc. (Atlantic). The decree was based on a stipulation “as to facts, limited to the question of whether the statute of limitations, as set forth in Chapter 260, Section 2, of the General Laws, should apply.” The decree dismissing the bill (erroneous, in any event; Vasilakis v. Haverhill, 339 Mass. 97, 101 [1959]) must be reversed because the basis of the dismissal, that the plaintiffs claim is barred by The statute of limitations, finds no…