Opinion
March 24, 1983.
The judgment of dismissal under Mass.R.Civ.P. 12(b)(6) is vacated on the authority of and for the reasons set out in Klein v. Catalano, 386 Mass. 701, 718-720 (1982), and the case is to stand for further proceedings in the Superior Court which are to be limited to any claim the plaintiff may have for a breach by the defendant of the express provisions of the written agreement between the parties which is dated August 29, 1967; the plaintiff is to have the costs of this appeal.