We have no doubt that the action was properly dismissed under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974). The only count of the declaration (treated as a complaint) which alleged an actual injury to the plaintiff by reason of any act or omission on the part of the defendant (count 4) failed to assert any form of damages which would have been recoverable under prevailing principles of law.

Judgment affirmed.