SOLOMON v. BIRGER


19 Mass. App. Ct. 634 (1985)

477 N.E.2d 137

MARK SOLOMON & another vs. MARVIN BIRGER & another.

Appeals Court of Massachusetts, Middlesex.

April 22, 1985.


Attorney(s) appearing for the Case

Edward Greer (Jeanne Baker with him) for the plaintiffs.

Michael R. Coppock for the defendants.

Present: BROWN, KASS, & SMITH, JJ.


KASS, J.

By complaint filed August 7, 1979, Mark Solomon and Pauline Solomon (the "buyers") alleged that on December 9, 1968, i.e., eleven years previously, Marvin Birger and Eleanor Birger (the "sellers") had induced them through misrepresentation to buy a defective house. A Superior Court judge entered summary judgment in favor of the defendant sellers.3 This appeal followed. The basis...

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