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CAPP HOMES v. DUARTE

No. 79-1348.

617 F.2d 900 (1980)

CAPP HOMES, Plaintiff, Appellee, v. Raymond B. DUARTE et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 31, 1980.

Attorney(s) appearing for the Case

Evan T. Lawson, Boston, Mass., with whom Lawson & Wayne, Boston, Mass., was on brief, for defendants, appellants.

Paul R. Schneider, Boston, Mass., with whom Burns & Levinson, Boston, Mass., was on brief, for plaintiff, appellee.

Before ALDRICH and BOWNES, Circuit Judges, PETTINE, District Judge.

ALDRICH, Senior Circuit Judge.

In February 1973 Mr. and Mrs. Raymond Duarte, after examination of a Capp Homes brochure and discussions with Capp's local representative, contracted with Capp for its erection of a "shell" of a house upon a foundation to be supplied by the Duartes. A down payment of $100 was required, with the balance of $19,244 to be paid upon completion. The Duartes' evidence warranted the following findings...

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