LAURIN v. DeCAROLIS CONSTRUCTION CO., INC.


372 Mass. 688 (1977)

363 N.E.2d 675

JAMES B. LAURIN & another vs. DeCAROLIS CONSTRUCTION COMPANY, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

June 6, 1977.


Attorney(s) appearing for the Case

John D. Hodges, Jr., for the defendant.

Charles F. Foster (Jeremiah F. Murphy with him) for the plaintiffs.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & ABRAMS, JJ.


BRAUCHER, J.

After the execution of a purchase and sale agreement and before the conveyance of the real estate, the vendor removed loam, gravel, trees and shrubs. The purchasers sought and were awarded damages including the fair market value of the gravel, and we hold that such an award is proper in an action for breach of contract. But the value of the gravel should not have included the value of the defendant's efforts...

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