SPENCER v. GABRIEL


328 Mass. 1 (1951)

101 N.E.2d 369

JOHN H. SPENCER & another vs. JOSEPH C. GABRIEL.

Supreme Judicial Court of Massachusetts, Berkshire.

October 31, 1951.


Attorney(s) appearing for the Case

R.A. Lewis, for the plaintiffs.

E.E. Reder, for the defendant.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


WILKINS, J.

The declaration alleges that the defendant sold and conveyed to the plaintiffs a certain dwelling house which he had built so negligently that in cold weather there was "a substantial and unreasonable risk" that the hot water heating pipes would freeze and burst; that the defendant, as vendor, "knowing of the condition and the risk involved and having reason to believe that the plaintiffs, being unskilled in such...

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