COUNIHAN, J.
This is an action of contract or tort in three counts. The first two counts are based upon a written agreement under seal for the sale and purchase of certain land and the building thereon in Brookline, one count alleging a breach of the agreement and the other sounding in deceit. In the third count recovery is sought for breach of a covenant against encumbrances in a quitclaim deed of the premises delivered to the plaintiff. The action was tried to a...
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