Roberts v. Louison

This is an appeal (G. L. c. 231, § 96) by the plaintiff from an order of the Superior Court which sustained (without leave to move to amend) the defendants’ demurrer to the plaintiffs amended declaration in an action of contract or tort which is a companion to the matters considered in Roberts, petr. 362 Mass. 856 (1972). We do not reach the merits. *874Following the entry of the record on appeal the defendants moved in this court to dismiss the appeal on the ground that the underlying cause of action had been settled by an agreement of the parties which had been reached almost six months prior…