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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Solomon v. Birger, 477 N.E.2d 137 (1985)

Citation
Solomon v. Birger, 477 N.E.2d 137 (1985)
Parent Document
Solomon v. Birger, 477 N.E.2d 137 (1985)
Jurisdiction
Massachusetts (state)
Effective Date
1985-04-22

Full Text

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Delivery of the deed occurred on December 9, 1968. During the interim, the Solomons made a number of visits to the house. On one such visit Mrs. Birger took a painter through the house to estimate painting work to be done. Above an archway leading to the bedrooms, the painter noticed a crack five feet long and about an eighth of an inch wide. “What is this crack?” he inquired. Mrs. Birger replied, “Oh, it is probably from sonic boom.” Mrs. Solomon construed that remark as “kind of’ facetious. That statement is the one upon which the plaintiffs have fixed as the Birgers’ oral misrepresentation of the condition of the house.5 There is no record of any other statement by the Birgers regarding the structural integrity of the house. So far as appears, neither the Solomons nor anyone on their behalf made a physical inspection, other than the walk through with the painter.