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CONE v. ELLIS

No. 01-P-1167.

59 Mass. App. Ct. 748 (2003)

CAROL L. CONE & another v. ARLENE M. ELLIS & another.

Court of Appeals of Massachusetts, Barnstable.

October 27, 2003.

Attorney(s) appearing for the Case

Bernardo J. Cabral for the plaintiffs.

Jonathan D. Fitch for the defendants.

Present: COWIN, MILLS, & GREEN, JJ.

MILLS, J.

In count IV of their complaint, the plaintiff buyers claimed intentional misrepresentation by the defendant sellers with respect to the condition of a dwelling. A Superior Court judge granted the defendant sellers' motion for summary judgment in reliance on exculpatory and merger clauses in the purchase and sale agreement.3 We affirm.

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