North East Technical Sales, Inc. v. Barshad

This matter is before the Court on the defendants’ motion to dismiss the plaintiff s amended complaint. The plaintiff has asserted claims against both defendants for breach of contract, negligence, negligent misrepresentation, fraud/deceit, violation of G.L.c. 104, §8, quantum meruit, promissory estoppel, constructive trust for unjust enrichment, and part performance. After a hearing, the defendants' motion to dismiss is allowed in part and denied in part.

BACKGROUND

The facts, as alleged in the plaintiffs complaint, are as follows. In May of 1996, Applied Analytics, Inc. (“Applied”), acting…