Pereira v. Swim, Inc.

This is an action in which the plaintiff seeks damages from the defendant in connection with the installation of a swimming pool by the defendant. The plaintiff’s complaint contains three counts alleging 1) the defendant’s breach of contract, 2) the defendant’s breach of express and implied warranties and 3) the defendant’s violation of G.Lc. 93A.

The complaint was served on the defendant on November 22,1988. On February 2,1989, a default was entered against the defendant pursuant to DisL/Mun. Cts. R. Civ. P., Rule 55(a) as a result of the defendant’s failure to plead or otherwise defend this…