Opinion
January 3, 1963.
Mario P. Alfieri for the plaintiffs.
Bertram A. Sugarman for the defendants Aetna Insurance Company another.
Salvatore F. Stramondo for the defendant Charles A. Young, II.
Lester E. Callahan for the defendants Tedeschi's Super Markets, Inc. another.
Exceptions overruled. Judgment for the defendants. Following the decision in Doleva v. Tedeschi's Super Market, Inc. 344 Mass. 539, two plaintiffs in that case brought the present action "for deceit, conspiracy and negligence." The defendants are (1) Tedeschi's Super Markets, Inc., a defendant in the earlier action; (2) its insurer, Aetna Insurance Company; (3) its counsel in the earlier action; (4) Halpern Associates, Inc., successor of Halpern-Abelson, Inc., a defendant in the earlier action; (5) that defendant's attorney in the earlier action; and (6) an employee of Tedeschi's Super Markets, Inc. Successive demurrers were sustained to the original declaration of eighteen counts and to two amended declarations. Leave further to amend has been refused. In the second amended declaration, which is the only one before us ( Vieira v. Menino, 322 Mass. 165, 170), there are eight counts which occupy fourteen pages of the printed record. The counts do not state concisely and with substantial certainty the substantive facts necessary to constitute a cause of action. G.L. (Ter. Ed.) c. 231, § 18, Fourth. A trial on this declaration would be a travesty of confusion.
In the writ in the earlier case this defendant was described as Tedeschi's Super Market, Inc.