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GALLAGHER v. ROACH

1982 Mass. App. Div. 279 (1982)

Paul L. Gallagher vs. Stewart W. Roach

Massachusetts Appellate Division, Northern District.

November 15, 1982.

Attorney(s) appearing for the Case

Irving Goodman for the plaintiff.

Leonard Rose and Gerson D. Buchman for the defendant.

Present: Cowdrey, P.J., Tiffany & Jodrey, JJ.

Jodrey, J.

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 plaintiff's complaint alleges that on November 9, 1978, the plaintiff executed a

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