Kennedy v. Titcomb

The plaintiff in this action alleged, in a four-count writ, that the defendant, the majority shareholder in a corporation known as Flags I, Inc., had refused to purchase the plaintiff’s shares at the same price he had paid to other shareholders, while acquiring majority control of the corporation. The Trial Court {Murphy, J.) dismissed the plaintiff’s writ, sua sponte and without prejudice, for failure to state a claim upon which relief can be granted. The plaintiff then amended his writ to allege that the defendant’s offer to purchase the plaintiff’s shares at a lower price than that offered…