Laino v. Dumais

In this action of contract (second action) the court allowed the defendant’s plea in abatement on the grounds that “at the time this action was brought an action of contract was pending between the same parties involving the same cause of action”. The correctness of this order is the sole issue presented by this report, requested by the plaintiff, who claims to be aggrieved.

Plaintiff’s declaration is in three counts. The first and third, substantially the same, allege a breach by the defendant of a written contract. The second reads: “The plaintiff says the defendant owes him the sum of four…