CARR, J.
Plaintiff brought suit in circuit court under PA 1929, No 36 (CL 1948, § 691.501 et seq. [Stat Ann § 27.501 et seq.]), commonly referred to as the declaratory judgment act, for the purpose of obtaining a declaration of rights. On motion the suit was dismissed, and plaintiff has appealed. In view of the action taken by the trial court, well-pleaded averments of material facts in the bill of complaint must be accepted as true.
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