Egan v. Brewer

Opinion of the Court, by

Judd, C. J.

The amended declaration states a case of assumpsit upon a written agreement whereby the defendants undertook to build for the use and occupancy of the plaintiffs a building to be used as a retail store, and to construct it in a manner fit and suitable for the plaintiffs’ occupancy as such retail store; that defendants tendered the building to plaintiffs and represented it to be built and finished in a manner fit and suitable for plaintiffs’ occupancy as such store ;• the plaintiffs-depending upon the truth of such representations accepted and occupied the…