Gallagher v. Roach

This is an action for breach of warranty and for the defendant’s alleged unfair and deceptive practices in violation of G.L. c. 93A in the sale to the plaintiff of a boat. The sole question for review is the propriety of the trial court’s allowance of the defendant’s Dist/Mun. Cts. R. Civ. P., Rule 12 (b)(6) motion to dismiss.

The plaintiffs complaint alleges that on November 9, 1978, the plaintiff executed a *280written agreement with Norwood Marine, Inc. for the purchase of the vessel “Gra-Ben” for the sum,of $21,375.00. Norwood warranted that the engines on the vessel would be free from all…