Massachusetts Appeals Court· 7/11/1980

Mongeau v. Boutelle

Citations

407 N.E.2d 352
10 Mass. App. Ct. 246
1980 Mass. App. LEXIS 1233

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).

Judges: Grant, Greaney, Dreben

Read full opinion on CourtListener

Cited by

62 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

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