Fenestra Inc. v. Mared Building Products, Inc.

A demurrer to this bill for declaratory relief was sustained by an interlocutory decree, and a final *735decree, from which the plaintiff appealed, was entered dismissing the bill. We hold that the demurrer should have been overruled.

The bill alleges as follows: there was a written contract between the plaintiff and the defendant with a thirty day cancellation clause and requirements that the defendant as sales agent within ten days after a cancellation notice furnish a list of outstanding estimates and that the plaintiff pay the usual commission on sales closed from that list; the plaintiff had…