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PIETRAZAK v. McDERMOTT

341 Mass. 107 (1960)

167 N.E.2d 166

THEODORE S. PIETRAZAK & another vs. LESTER J. McDERMOTT & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 19, 1960.

Attorney(s) appearing for the Case

P. Harold Ready, for the defendants.

Warren W. Allgrove, for the plaintiffs.

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

WILLIAMS, J.

This is an action of contract or tort in which the first count of the declaration alleges deceit and the second count breach of warranty in connection with the sale by the defendants of a house and land to the plaintiffs. The case came before a judge of the Superior Court upon the plaintiffs' motion for judgment on the report of an auditor whose findings of fact were not final. Rule 88 of the Superior Court (1954). The judge found generally for

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