SMITHER v. BROOK REALTY CONSTRUCTION CORP.


1990 Mass. App. Div. 137 (1990)

Ernest Smither, Jr. vs. Brook Realty Construction Corporation

Massachusetts Appellate Division, Northern District.

September 10, 1990.


Attorney(s) appearing for the Case

Richard E. Duggan for the plaintiff.

Michael J. Tremblay for the defendant.

Present: Sherman, P.J., Forte & Furnari, JJ.


Furnari, J.

The plaintiff-homeowner brought this action to recover damages from the defendant-builder for defects in the construction of a new house, and for failure to honor express warranties in violation of G.L.c. 93A. The action was instituted as a small claims proceeding on March 13, 1986, and later transferred by the trial court, sua sponte, to the regular civil docket.

The plaintiff has appealed the trial court's allowance of the defendant's Dist./Mun...

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