R. J. B. Builders & Developers Inc. v. Frank S. Durante, Inc.
R. J. B. Builders & Developers Inc. v. Frank S. Durante, Inc.
5 Mass. App. Ct. 788; 360 N.E.2d 667; 1977 Mass. App. LEXIS 750
R. J. B. Builders & Developers Inc. v. Frank S. Durante, Inc.
Opinion of the Court
The action was properly dismissed under Mass.R.Civ.P. 12(b) (6), 365 Mass. 755 (1974). The complaint did not allege that the defendant had sought to satisfy its execution out of the funds held in escrow; it did not contain any allegation from which it could have been inferred that the plaintiff had been injured in any way by any
Judgment affirmed with double costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.