ALBANO v. WESTERN CONSTRUCTION CORP.


357 Mass. 647 (1970)

260 N.E.2d 212

ANTHONY A. ALBANO & another vs. WESTERN CONSTRUCTION CORP.

Supreme Judicial Court of Massachusetts, Essex.

June 12, 1970.


Attorney(s) appearing for the Case

Norman Kerman for the defendant.

Katherine Liacos Izzo for the plaintiffs.

Present: WILKINS, C.J., SPALDING, CUTTER, REARDON, & QUIRICO, JJ.


QUIRICO, J.

This is an action of contract or tort brought by the plaintiffs, husband and wife, for the recovery of damages allegedly sustained by them as the result of their purchase from the defendant of a parcel of land with a house which the defendant had erected thereon.

When the action was entered in court the declaration consisted of two counts. Count 1 was in tort, and it sought recovery for damages resulting from the defendant's alleged false and fraudulent...

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