Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)

Citation: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Parent Document: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-12-28
Original Source: https://www.courtlistener.com/opinion/8356738/cook-v-cullen/ ↗

Full Text

1,123 chars

The Plaintiffs Peter and Elizabeth Cook (the “Cooks” or “Plaintiffs”) claim that the Defendants, Old New England Homes, Inc., and Richard P. Cullen (“Defendants”), committed breach of contract, breach of warranty, breach of implied warranty of habitability, and violation of G.L.c. 93A. The Plaintiffs allege that the Defendants failed to finish construction and repair *505defects in the home as promised. The Defendants argue that the Plaintiffs waived any claims under the purchase and sale agreement by accepting the deed, that the items listed in the demand letter are not covered by the limited warranty, that the breach for implied warranty is barred by the statute of limitations, and that the Plaintiffs’ claims under G.L.c. 93A are unsupported by the allegations and barred by the statute of limitations. The Defendants also counterclaim, alleging a violation of the Massachusetts Civil Rights Act (“MCRA”) and unjust enrichment. For the following reasons, the Defendants’ motion for summary judgment is ALLOWED with respect to Counts 1 through 5 and DENIED with respect to Count 1 of the Counterclaim. BACKGROUND

Other Sections in This Document (22)

Full Text