Wells Fargo Bank National Ass'n v. Kal-Rich, Inc.

Plaintiff Wells Fargo Bank National Association (‘Wells Fargo”) commenced this action to recover, as the secured party, payment on its debtor’s accounts receivable owed by defendant Kal-Rich, Inc. (“Kal-Rich”), and guaranteed by defendants and Kal-Rich principal owners, Nicholas G. Kalergis, Jr. (“Kalergis”) and Peter E. Richards (“Richards”). The trial court allowed the defendants’ Mass. R. Civ. P., Rule 12(b) (6), motion to dismiss the action, and Wells Fargo filed this appeal.

Wells Fargo’s four-count complaint sought recovery against Kal-Rich for breach of contract and in quantum meruit,…