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

Citation: Solomon v. Birger, 477 N.E.2d 137 (1985) 2.
Parent Document: Solomon v. Birger, 477 N.E.2d 137 (1985)
Jurisdiction: Massachusetts (state)
Effective Date: 1985-04-22
Original Source: https://www.courtlistener.com/opinion/2048661/solomon-v-birger/ ↗

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2. The building law clause. It requires a very expansive, indeed, imaginative, reading of the complaint to find a statement of the claim based on the building law clause in the purchase and sale agreement. The complaint never mentions any clause of the purchase and sale agreement which purports to make a representation. Rather, paragraphs 11 and 12 of the complaint make only general allegations of warranty by the sellers, without reference to any writing. As the defendants have elected to meet the plaintiffs on substantive rather than pleading grounds, and in view of the liberal amendment provisions of Mass.R.Civ.P. 15, 365 Mass. 761 (1974), we consider the issue which the plaintiffs press. It is based on sections 4 and 9 of the purchase and sale agreement, which was, as we have said, prepared on the January 1, 1962, revision of the form published by the Greater Boston Real Estate Board.

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