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HENSHAW v. CABECEIRAS

14 Mass. App. Ct. 225 (1982)

437 N.E.2d 1072

ERNEST H. HENSHAW & another vs. GILBERT CABECEIRAS & another.

Appeals Court of Massachusetts, Bristol.

July 23, 1982.

Attorney(s) appearing for the Case

Thomas P. Gay for the plaintiffs.

Andrew Shabshelowitz for the defendants.

Present: HALE, C.J., CUTTER, & ARMSTRONG, JJ.

ARMSTRONG, J.

The Henshaws purchased a house with a swimming pool from the Cabeceirases in 1978 and thereafter brought this action against them. The first two counts sounded in tort for fraudulent misrepresentation and deceit, the first count having to do with the alleged seepage of water into the cellar and the second with leakage of water from the swimming pool and the collapse of the pool five months after the...

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