HURLEY v. CHOBEE HOY ASSOCIATES REAL ESTATE, INC.


1997 Mass. App. Div. 142 (1997)

Edmund M. Hurley, and another v. Chobee Hoy Associates Real Estate, Inc., and others

Massachusetts Appellate Division, Southern District.

September 15, 1997.


Attorney(s) appearing for the Case

Robert J. Mailloux, Jr., for the plaintiffs.

Jane C. Gorham for the defendants.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Welsh, J.

This is a civil action brought by sellers of real estate against the real estate brokers for the return of the brokers' commission paid in connection with the sale of the plaintiffs' property. The complaint proceeded on several theories, including G.L.c. 93A, breach of fiduciary obligation, money had and received and a violation of G.L.c. 112, §87RR. A count for declaratory relief was dismissed essentially because of lack of subject matter jurisdiction...

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