Sanitary Oyster Carrier & Commission Co. v. Wm. M. Merwin & Sons Co.

The plaintiff filed a declaration in as-sumpsit for breach of a contract in writing, in four counts, to which the defendant demurred. The demurrer was over ruled in the Superior Court, as to the first three counts, and was sustained as to the fourth count; thereupon the plaintiff excepted to the decision of the court in sustaining the demurrer to the fourth count, and has brought its bill of exceptions to this court, although there has been no “verdict or final decision on the merits.”

Plaintiff claims that it should be heard in this court on'its exceptions, because it is apparent on the face…