Ditommaso v. Laliberte

The plaintiff appeals from a judgment dismissing his complaint. Although the complaint states that it was brought pursuant to G. L. c. 93A, such an allegation does not preclude a contract claim as well. A complaint need not set forth the legal theories on which the pleader relies, and it is not subject to dismissal if it supports relief on any theory of law. Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979). See Nader v. Citron, 372 Mass. 96, 98 (1977). See also Turner v. Guy, 2 Mass. App. Ct. 343, 347-348 (1974), indicating that an amendment would be proper, if needed. It was,…