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HORN v. CREST HILL HOMES, INC.

340 Mass. 362 (1960)

164 N.E.2d 150

MELVIN F. HORN & another vs. CREST HILL HOMES, INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 8, 1960.

Attorney(s) appearing for the Case

Anthony DiCicco, Jr., for the defendant Crest Hill Homes, Inc., submitted a brief.

Louis A. D'Angio, for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.

SPALDING, J.

The defendant Crest Hill Homes, Inc. (hereinafter called Crest), was the owner of numerous lots of land in a development in Framingham called Oakvale. These lots were shown in a subdivision plan dated January 26, 1953. On December 1, 1954, Crest conveyed lot 99 in the subdivision by quitclaim deed to the plaintiff Horn. On March 15, 1955, Crest conveyed lot 100 by quitclaim deed to the plaintiff Cooper. Lots 99 and 100 are contiguous and there is a drainpipe...

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