Mongeau v. Boutelle

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that plaintiff that sued a seller for fraud could later sue real estate broker for deceptive acts under G.L.c. 93A and fraud because the broker’s interests were not sufficiently identical to the seller’s interests
• holding that the purchaser could bring a 93A claim against the real estate broker because the broker misinformed the plaintiff as to the acreage of the parcel and failed to disclose that the property was encumbered
• broker’s failure to disclose material fact that might influence buyer is actionable under state deceptive-practices statute
• “There is no privity between joint tortfeasors [for res judicata purposes], because all are jointly and severally liable.”
• there must be a “sufficient legal identity” between the third party and the prior litigant for the later claim to be precluded
• “A nonparty to a prior adjudication can be bound by it ‘only where [the nonparty’s] interest was represented by a party to the prior litigation’ ”

Source: CourtListener parenthetical corpus (CC0).