HENDERSON, J., delivered the opinion of the Court.
This appeal is from a judgment for costs entered in favor of the appellee, after the court sustained a demurrer, without leave to amend, to a declaration claiming damages for breach of a contract to purchase real estate.
The contract of sale was filed with the declaration. The demurrer not only failed to challenge the plaintiffs' right to file the contract, but relied upon its terms to set up its defense....
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