KARBOWSKI v. BRADGATE ASSOCIATES, INC.

No. 87-409.

25 Mass. App. Ct. 526 (1988)

520 N.E.2d 504

RICHARD KARBOWSKI & another vs. BRADGATE ASSOCIATES, INC. & another.

Appeals Court of Massachusetts, Worcester.

March 24, 1988.


Attorney(s) appearing for the Case

Paul G. Kolesnikovas for Bradgate Associates, Inc. & another.

Joseph F. Brennan, Jr., for Richard Karbowski & another.

Present: GRANT, KASS, & SMITH, JJ.


SMITH, J.

The plaintiffs entered into an agreement with the defendant, Grovecrest Corporation (Grovecrest), to purchase for a price of $66,000 a house to be constructed on a certain lot in Worcester. The agreement contained a warranty provision and an arbitration clause.

After Grovecrest transferred ownership to the plaintiffs, a dispute arose as to the construction of the house, in particular, certain alleged defects in the foundation. The plaintiffs filed...

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