Dom J. Moreau & Son, Inc. v. Federal Pacific Electric Co.

McKUSICK, Chief Justice.

This is an appeal from a Superior Court order granting the defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Rule 12(b)(6), M.R.Civ.P. For purposes of reviewing the presiding justice’s ruling on the sufficiency of the complaint, we treat as admitted by the defendant’s motion all well pleaded material allegations in the complaint. Beckett v. Roderick, 251 A .2d 427, 430 (Me.1969); Patterson v. Patterson, 158 Me. 258, 256, 182 A.2d 672, 674 (1962). The complaint contains the following allegations:

In June 1971 the…