Mongeau v. Boutelle

In this action against a real estate broker grounded on common law fraud and on deceptive acts under G. L. c. 93A, §§ 2 and 9, 1 the defendant broker moved to dismiss under Mass.R.Civ.P. 12(b)(6) (failure to state a claim), under 12(b)(7) (failure to join a party under rule 19), and under 12(b)(9) (pendency of a prior action), 365 Mass. 755 (1974). The motion to dismiss, brought after the defendant’s answer was filed, claimed, inter alia, that a prior action brought by the plaintiff for fraud against the sellers of the property barred the present action. An affidavit and papers filed in the…