DiMARE v. CAPALDI


336 Mass. 497 (1957)

146 N.E.2d 517

JAMES DiMARE & another vs. GENNARO CAPALDI & another.

Supreme Judicial Court of Massachusetts, Middlesex.

December 11, 1957.


Attorney(s) appearing for the Case

Henry W. Hardy, (Paul S. Rich with him,) for the defendant Frank Capaldi.

John B. O'Hare, for the plaintiffs.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

The plaintiffs, by their bill for declaratory relief against one Frank Capaldi and his father, ask that the court determine (a) what persons are parties to a written contract with the plaintiffs for the construction of a dwelling in Belmont and (b) "the validity and construction of" the contract and "the damage sustained ... by the fraud, negligence, improper and faulty construction, delay and improper materials, and the wilful and deliberate departure...

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