R. J. B. Builders & Developers Inc. v. Frank S. Durante, Inc.

Massachusetts Appeals Court

R. J. B. Builders & Developers Inc. v. Frank S. Durante, Inc.

360 N.E.2d 667, 5 Mass. App. Ct. 788, 1977 Mass. App. LEXIS 750

DecidedMarch 3, 1977

StatusPublished

This text of 360 N.E.2d 667 (R. J. B. Builders & Developers Inc. v. Frank S. Durante, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R. J. B. Builders & Developers Inc. v. Frank S. Durante, Inc., 360 N.E.2d 667, 5 Mass. App. Ct. 788, 1977 Mass. App. LEXIS 750 (Mass. Ct. App. 1977).

Pincite

Opinion

The action was properly dismissed under Mass.R.Civ.P. 12(b) (6), 365 Mass. 755 (1974). The complaint did not allege that the defendant had sought to satisfy its execution out of the funds held in escrow; it did not contain any allegation from which it could have been inferred that the plaintiff had been injured in any way by any [789]*789breach of the escrow agreement which might have been committed by the defendant; the only intelligible prayer for relief ran against persons not named as parties to the action.

Samuel Newman for the plaintiff. David M. Shaw for the defendant.

Judgment affirmed with double costs.

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The action was properly dismissed under Mass.R.Civ.P. 12(b) (6), 365 Mass. 755 (1974). The complaint did not allege that the defendant had sought to satisfy its execution out of the funds held in escrow; it did not contain any allegation from which it could have been inferred that the plaintiff had been injured in any way by any [789]*789breach of the escrow agreement which might have been committed by the defendant; the only intelligible prayer for relief ran against persons not named as parties to the action.

Samuel Newman for the plaintiff. David M. Shaw for the defendant.

Judgment affirmed with double costs.

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Bluebook (online)

360 N.E.2d 667, 5 Mass. App. Ct. 788, 1977 Mass. App. LEXIS 750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-j-b-builders-developers-inc-v-frank-s-durante-inc-massappct-1977.