QUILLIAN, Judge.
Appeal was taken in this case from the denial of the defendant's motion for summary judgment which was originally denominated as a motion to dismiss.
The complaint as amended alleged that the plaintiff purchased a lot and house from the defendants (conveyance was by warranty deed); that after the plaintiffs moved in they discovered certain defects in the property, inter alia, with regard to the fireplace and to the basement waterproofing;...
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