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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Albrecht v. Clifford, 436 Mass. 706 (2002)

Citation
Albrecht v. Clifford, 436 Mass. 706 (2002) 4.
Parent Document
Albrecht v. Clifford, 436 Mass. 706 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-05-07

Other Sections in This Document (44)

Full Text

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4. Breach of contract claims (Counts I & II). The Albrechts allege in Count I of their complaint that Clifford breached the terms of the purchase and sale agreement because “the Residence delivered to the Albrechts at or about the time of delivery of the deed was not completed in accordance with the requirements of the contract and is in violation of certain building laws.” In Count II of their complaint, the Albrechts allege that Clifford breached the terms of the express warranty contained in Exhibit A to the purchase and sale agreement by failing “to complete the construction of the Residence in a good and workmanlike manner and in accordance with all applicable Massachusetts building laws and regulations.” The judge entered summary judgment on Count I because it was based on a paragraph of the purchase and sale agreement (paragraph 9) that did not survive the Albrechts’ acceptance of the deed but merged with it. The judge dismissed Count II as barred by the parties’ own limitation period as set forth in the warranty itself. We agree with both of these conclusions.