Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)

Citation: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Parent Document: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-12-28
Original Source: https://www.courtlistener.com/opinion/8357328/driscoll-v-toll-ma-ltd-partnership/ ↗

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On March 13, 2009, the plaintiffs filed a second amended complaint in this action, expanding upon their prior complaint to allege additional drainage and structural defects in the construction of their home. The defendants seek summary judgment as to the following counts of the second amended complaint: Count I (breach of contract); Count IV (breach of the implied warranty of merchantability); Count V (breach of the implied warranty of fitness for a particular purpose); Count VI (breach of express warranty); Count VII (negligence); CountVIII (misrepresentation); and Count IX (violations of G.L.c. 93A). DISCUSSION

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