In view of the fact that the defects here were latent, we think that the complaint as drawn is sufficiently broad to indicate that the plaintiff's claim is that the execution of the contract, including the "as is" clause, was procured by actual fraud and misrepresentation.
The order appealed from is therefore unanimously reversed, with $20 costs and disbursements to the appellants, and the defendant's motion to dismiss the complaint denied, with leave to the defendant...
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