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THOMAS COOK & SONS, INC. v. ASSEMBLED HOMES, INC.

357 Mass. 425 (1970)

258 N.E.2d 310

THOMAS COOK & SONS, INC. vs. ASSEMBLED HOMES, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

May 4, 1970.

Attorney(s) appearing for the Case

Neil Sugarman (Paul R. Sugarman with him) for the plaintiff.

Francis E. Silva, Jr., for the defendant.

Present: WILKINS, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.

WILKINS, C.J.

This action of tort by the owner of certain real estate was originally in three counts, each against a different defendant. The original defendants were, respectively, a contractor, an architect,1 and the plaintiff's grantor. As a result of the allowance of the plaintiff's motion to sever, the only count before us is count 1 against Assembled Homes, Inc. (hereinafter called the defendant), whose demurrer to the declaration...

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